As for the needle in a haystack point. Bill Binney architected a system which was targeted. The NSA rejected it...
Respectfully, that's not true. Secret programs can still be judged on their inputs and outputs: eg "we spent $50B and averted 17 attacks, saving potentially 15,000 lives and $500B in economic damage." What possible information can that give an adversary?
NSA is a thankless organization. You don't know all the things they've done well, and they get blamed whenever anything bad happens.
> We had 5 sacks, 3 interceptions, and limited the opposing offense to 200yards gained.
Is obviously better than
> We had 0 sacks, 0 interceptions, and the opposing offense took 400 yards.
Even if in both games the opposing offense scored the same number of points.
If we as a populous were good coaches/managers, we'd be using the players to protect our house, and alert us to better ways to secure it.
The average operation cost of 17 successfully averted attacks is $2.94B.
More to the point of holding secret organizations accountable, though, is the fact that you do not know if that is information or misinformation.
NSA, over a two-year period, used Section 702 to develop a robust body of knowledge about the personal network of an individual providing support to a leading terrorist in Iraq and Syria. This "leading terrorist" practiced strict operational security, and thus it was necessary to study the target by identifying key operatives throughout his network to understand not only the plans and intentions of the terrorist leader, but also to attempt to track his movements. Section 702 collection provided the necessary information for tactical teams to conduct a successful military operation, removing the terrorist from the battlefield. This information was critical to the discovery and disruption of this threat to the U.S. and its allies.
That's a pretty weak outcome for such egregious privacy violations.
If they'd "stopped 17 plots to kill 100 or more Americans" then maybe I'd concede that the program is effective (though still immoral IMO).
Obviously all the operation details of how they found this guy are not disclosed, but there does appear to be undercover agents involved.
There have been cases in the past where the FBI undercover agent has been a little too instrumental in developing the plan for the alleged attack, but it doesn’t appear that is the case in this instance.
I would not be surprised if some sort of mass surveillance was instrumental in identifying / risk scoring this guy’s posting and flagging him for closer investigation.
Not at all a supporter of these programs in general, but I wanted to try to answer your question.
[1] - https://www.buzzfeednews.com/article/salvadorhernandez/calif...
There is a well known sentiment that the craziest guy you’ll find if you are looking for trouble is the FBI agent.
There are documented instances of FBI agents selling fake bombs or drugs to CIA or DEA guys or vice versa.
It’s works for them because they get to pay themselves on the back for stopping the guy they helped radicalize who never would have had means on his own.
[1]: https://www.nsa.gov/News-Features/News-Stories/Article-View/...
In the unlikely event that someone told them to stop because the 4th amendment was violated, they would just have someone in an intelligence-sharing agreement like Five Eyes get the same data and send it over.
How? The Fourth Amendment says nothing about collecting the communications of specific non-Americans living outside the US that are believed to have foreign intelligence value (Section 702 collection). Searching that data with queries for specific US people under investigation is at worst a gray area.
More seriously, if you google "jane harmon alberto gonzalez" you'll find a nice, complicated scandal from GW Bush years that never got the play it should have. Sure, Representative Harmon seems to have done some things wrong, but the real issue is "...Attorney General Alberto Gonzalez later quashed a DOJ investigation into this incident in order to secure Harman’s support for the Bush administration’s warrantless wiretapping program."
That's right, the Attorney General of the US might have (probably did) blackmail a US Representative, using surveillance data. We're all accustomed to autocratic executive branches now, but that's a bridge too far, if you ask me.
Here it is, for the interested: http://web.archive.org/web/20090421090444/http://static.cqpo...