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In January, Shelby rejected an attempt by the Department of Justice to dismiss the case.

In late May, a declaration by former NSA official Thomas A. Drake, affirming the allegations, was forwarded by Anderson to Justice Department attorneys.

Drake's statement contradicted assertions by Michael Hayden, the former director of the NSA, that said neither the President's Surveillance Program (PSP) nor any other NSA intelligence-gathering activity was involved in indiscriminate and wholesale surveillance in Salt Lake City or other Olympic venues during the 2002 Winter Games.

"I have reviewed the declaration of Michael V. Hayden dated March 8, 2017," Drake's statement said. "As a result of personal knowledge I gained as a long-time contractor and then senior executive (1989-2008) of the NSA, I know the statements made by Hayden in that declaration are false or, if not literally false, substantially misleading."

The NSA has the capability to seize and store electronic communications passing through U.S. intercept centers, according to the statement from Drake.

After Sept. 11, 2001, "the NSA's new approach was that the president had the authority to override the Foreign Intelligence Surveillance Act (FISA) and the Bill of Rights, and the NSA worked under the authority of the president," Drake said. "The new mantra to intercepting intelligence was 'just get it' regardless of the law."

Additional information on the NSA's intelligence-gathering came to light in 2013 when Edward Snowden, a contractor working for the agency, revealed to the Guardian newspaper the scope of U.S. and British global surveillance programs.

csmart@sltrib.com

See more here:
Utah judge orders NSA to provide documents and data on 2002 ... - Salt Lake Tribune

National Security Agency (NSA) Director Mike Rogers is frustrated that he has not yet convincedPresident Trump thatU.S. intelligence indicatesRussia interferedin the 2016 presidential election, CNN reported Wednesday.

Rogers vented frustration over his fruitlessefforts to lawmakers during a recent closed-door briefing on Capitol Hill,a congressional source familiar with the meeting told the news network.

The intelligence community continues to brief the president on new informationon Russia's election involvementas itcomes to light.

An intelligence official told CNN that while Trump does not seem less engaged when being briefed on the matter, he has expressed frustration outside of the briefings that too much attention is being paid to the ongoing probe into Russia's interference in the election.

Russia, as well as other countries such as China, Iran and North Korea are consideredpotential threats by U.S. intelligence.

CNN reported that other top administration officials have also tried to emphasize the importance of a foreign nation attempting to meddle in the U.S. elections.

The president has taken to social mediato criticize formerPresident Barack ObamaBarack ObamaObama ethics czar: Trump fundraiser at his DC hotel illegal Trump greeted by protesters at campaign fundraiser Six easy wins to improve transparency on Capitol Hill MORE after a bombshell report by The Washington Post revealed his predecessor was briefed about Russia's activities in August 2016 and was slow to respond.

"I just heard today for the first time that Obama knew about Russia a long time before the election, and he did nothing about it," Trump told Fox News in an interview that aired Sunday. "To me -- in other words -- the question is, if he had the information, why didn't he do something about it? He should have done something about it."

Trump has also repeatedly called the ongoing probe into Russia and possible ties between the Kremlin and hiscampaign a "witch hunt."

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NSA director frustrated Trump won't accept Russia interfered in election: report - The Hill

The group that released two vulnerabilities used in Tuesday's ransomware outbreak one of which was also used in the similarly devastatingWannaCry outbreak in May is making an effort to capitalize on the notoriety.

The ShadowBrokers, which claims to be releasing cyber weaponry stolen from the National Security Agency, announced pricing changes to a "wine of the month"-type leak program and a new "VIP" product in their attempts to monetize the hacking tools and apparent government documents in their possession.

"Another global cyber attack is fitting end for first month of theshadowbrokers dump service. There is much theshadowbrokers can be saying about this but what is point and having not already being said? So to business! Time is still being left to make subscribe and getting June dump. Dont be let company fall victim to next cyber attack, maybe losing big bonus or maybe price on stock options be going down after attack. June dump service is being great success for theshadowbrokers, many many subscribers, so in July theshadowbrokers is raising price," the ShadowBrokers wrote in an online message released early Wednesday.

The ShadowBrokers have been active since summer 2016and have over time leaked potent hacking tools that could bypass security measures in popular security hardware and Windows machines, as well as documents appearing to show the NSA hacked a Middle Eastern banking services company as a vector into its clients.

Tuesday's attack also used a second ShadowBrokers vulnerability, EternalRomance, that targets Windows XP systems as well as a hacked updating feature for Ukrainian accounting software.

The Tuesday attack did most of its damage in Ukraine and Europe, but reports of infections have spread to India, throughout Asia and in the United States. Major victims include the U.S. law firmDLA Piper, the pharmaceutical giant Merck and the Russian oil firmRosneft.

WannaCry infected hundreds of thousands of computers worldwide.

The ShadowBrokers launched its monthly subscription document leaks service this month at a price of $27,000 a month in digital currency. Their new release more than doubles the price to $61,000.

The ShadowBrokers also announced a new premium service allowing customers to make requests for assistance or specific document releases.

"For months many peoples is messaging theshadowbrokers...Do you have X or Y vulnerability? Will you hack X or Y for me? Do you have intel on X or Y organization? Do you have intel on my organization? Have I been hacked? In past theshadowbrokers is not taking request or providing individual services. This changes with VIP Service," said the ShadowBrokers.

"For one time payment of [$120,000] you getting theshadowbrokers VIP attention. VIP Service is no guarantee of future good or services, negotiation for those is being separate."

The ShadowBrokers also used their latest announcement to threaten a critic, calling out someone the group only identified as "the doctor" who posted criticaltweets online. The ShadowBrokers claim the critic left enough digital breadcrumbs to embarrass them online.

"TheShadowBrokers is thinking 'doctor' person is co-founder of new security company and is having much venture capital. TheShadowBrokers is hoping 'doctor' person is deciding to subscribe to dump service in July. If theshadowbrokers is not seeing subscription payment with corporate email address of doctor@newsecuritycompany.com then theshadowbrokers might be taking tweets personally and dumping data of 'doctor' persons hacks of China with real id and security company name," it said.

Read more:
Alleged NSA leakers capitalize on ransomware scare based on their wares - The Hill

One of the surveillance state's biggest cheerleaders is seeing his years of support pay off.

Two congressional sources confirmed a May meeting, where Sen. John Cornyn, (R-Tex.), a vocal supporter of the intelligence community, got a private audience with the NSA Director Adm. Michael Rogers.

Cornyn also got a private tour of the signals intelligence facility at Fort Meade, Maryland at the same time as the May meeting.

Officials "familiar with the situation" (possibly read "jealous as hell") expressed concern about Cornyn's personal NSA tour. And for good reason. If Rogers and other NSA officials were feeding Cornyn information the rest of the NSA's Congressional oversight isn't privy to, that's a problem. It's more of a problem as the date for Section 702's reauthorization approaches. And it seems even more problematic that Cornyn was given a personal walk-and-talk while oversight members were failing to get substantive answers from the DNI during a Senate hearing.

There's a long history of the IC playing favorites with oversight members (and vice versa) and a long history of those favorites withholding information from other members of Congress. This visit/personal chat may have been innocuous but given its context -- the Section 702 renewal -- it looks shady as hell.

The additional context is the DNI's office believes all is forgiven -- or at least, no longer relevant. Reversing Clapper's promise to hand in something on incidentally-collected US persons' communications, the new Director is saying that's just not going to happen.

The Foreign Policy article notes that it's common for incoming reps and senators to be given a tour and that oversight members routinely visit the NSA as part of their oversight duties, but this Cornyn-only event definitely appears to be the agency making a play for unbridled support from a powerful Senator.

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NSA Appears To Be Seducing Sen. John Cornyn With Personal Tours And One-On-One Meetings - Techdirt

Lawyers gather in court for the NSA contractor accused in top secret leak, Reality Winner, on June 27. Richard Miller

Attorney Titus Nichols told reporters outside court Tuesday afternoon that the discussion over the order centered on both sides knowing the rules of engagement regarding any potentially classified information.

That way if there is any type of information that is classified at any level, that everyone knows what the rules of engagement will be, so there is not going to be a risk of accidental release of information and definitely not going to be any intentional release of information thats classified, he said.

Prosecutor Jennifer Solari said during the hearing that a note pad with handwriting in Farsi was being reviewed and translated. Nichols told reporters after the hearing that the defense had not seen the notebook and thus was not able to discuss anything about it at the time.

Prosecutors are also examining two computers, hard drives, a tablet and four phones seized from Winner. They agreed to have all evidence discovery filed by August 25.

Nichols added that Winner was maintaining pretty well and that every conversation he had had with her has been positive, as his client remains in jail awaiting her trial.

Earlier this month,

Terry Pickard reported from Augusta, Georgia, and Daniella Silva reported from New York.

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Alleged NSA Leaker Reality Winner Appears in Federal Court, Trial Date Set - NBCNews.com