DOJ approved NSA Internet data searches for hacking by foreign governments, Snowden documents reveal
The Justice Department secretly approved searches of Internet data originating abroad for evidence of hacking by foreign governments, according to new documents from Edward Snowden.
Justice Department lawyers wrote two memos in 2012 allowing the warrantless searches by the National Security Agency for Internet addresses and patterns of computer intrusions tied to foreign governments, the New York Times and Pro Publica report. The stories are based on classified NSA documents provided by Snowden.
Though the searches targeted foreign governments, the stories say, “Information about Americans sometimes gets swept up incidentally when foreigners are targeted, and prosecutors can use that information in criminal cases.” Monitoring data seized by a hacker involves copying the stolen information, the newspaper says.
The FBI told the publications it has procedures in place to protect victims’ data during investigations and it continually revisits its policies “to adapt to these changing threats while protecting civil liberties and the interests of victims of cybercrimes.”
The NSA disliked the Justice Department’s restrictions because it is difficult to know whether a foreign power is responsible for hacking. The NSA pressed to ask the special surveillance court for authority to monitor any foreign “cyberactivity,” but the request was never made, according to a former senior intelligence official who spoke with the Times and Pro Publica.
Updated to rewrite headline at 4:31 p.m.
