Newly declassified memos detail extent of improper Obama-era NSA spying – The Hill
The National Security Agency and Federal Bureau of Investigation violated specific civil liberty protections during the Obama years by improperly searching and disseminating raw intelligence on Americans or failing to promptly delete unauthorized intercepts, according to newly declassified memos that provide some of the richest detail to date on the spy agencies ability to obey their own rules.
The memos reviewed by The Hill were publicly released on July 11 through Freedom of Information Act litigation by the American Civil Liberties Union.
The NSA says that the missteps amount to a small number less than 1 percent when compared to the hundreds of thousands of specific phone numbers and email addresses the agencies intercepted through theso-called Section 702 warrantless spying program created by Congress in late 2008.
Quite simply, a compliance program that never finds an incident is not a robust compliance program, said Michael T. Halbig, theNSAs chief spokesman. The National Security Agency has in place a strong compliance program that identifies incidents, reports them to external overseers, and then develops appropriate solutions to remedy any incidents.
But critics say the memos undercut the intelligence communitys claim that it has robust protections for Americans incidentally intercepted under the program.
Americans should be alarmed that theNSAisvacuuming up their emails and phone calls without a warrant, said Patrick ToomeyPat ToomeyNewly declassified memos detail extent of improper Obama-era NSA spying Overnight Tech: FCC won't fine Colbert over Trump joke | Trump budget slashes science funding | Net neutrality comment period opens Appeals court decision keeps lawsuit against NSA surveillance alive MORE, an ACLU staff attorney in New York who helped pursue the FOIA litigation.TheNSAclaims it has rules to protectour privacy, but it turns out those rules are weak, full of loopholes, andviolated again and again.
Section 702 empowers the NSA to spy on foreign powers and to retain and use certain intercepted data that was incidentally collected on Americans under strict privacy protections. Wrongly collected information is supposed to be immediately destroyed.
The Hill reviewed the new ACLU documents as well as compliance memos released by the NSA inspector general and identified more than 90 incidents where violations specifically cited an impact on Americans. Many incidents involved multiple persons, multiple violations or extended periods of time.
For instance, thegovernment admitted improperly searchingNSAs foreign intercept data on multiple occasions, including one instance in which ananalyst ran the same search query about an American every work day for a period between 2013 and 2014.
There also were several instances in which Americans unmasked names were improperly shared inside the intelligence community without being redacted, a violation of the so-called minimization procedures that President Obama loosened in 2011that are supposed to protect an Americans' identity from disclosure when they are intercepted without a warrant.Numerous times improperly unmasked information about Americans had to be recalled and purged after the fact, the memos stated.
CIA and FBI received unminimized data from many Section 702-tasked facilities and at times are thus required to conduct similar purges, one report noted.
NSAissued a report which included the name of a United States person whose identity was not foreign intelligence, said one typical incident report from 2015, which said theNSAeventually discovered the error and recalled the information.
Likewise, the FBI disclosed three instances between December 2013 and February 2014 of improper disseminations of U.S. persons identities.
TheNSAalso admitted it was slow in some cases to notify fellow intelligence agencies when it wrongly disseminated information about Americans. The law requires a notificationwithin five days, but some took as long as 131 business days and the average was 19 days., the memos show
U.S. intelligence officials directly familiar with the violations told The Hill that the memos confirm that the intelligence agencies have routinely policed, fixed and self-disclosed to the nation's intelligence court thousands of minor procedural and more serious privacy infractions that have impacted both Americans and foreigners alike since the so-called Section 702 warrantless spying program was created by Congress in late 2008.
Alexander W. Joel, who leads the Office of Civil Liberties, Privacy and Transparency under the Director of National Intelligence, said the documents chronicle episodes that have been reported to Congress and the Foreign Intelligence Surveillance Court (FISC) for years in real time and are a tribute to the multiple layers of oversight inside the intelligence community.
We take every compliance incident very seriously and continually strive to improve compliance through our oversight regime and as evidence by our reporting requirements to the FISC and Congress, he told The Hill. That said, we believe that, particularly when compared with the overall level of activity, the compliance incident rate is very low.
The FBI told the Hill that the Section 702 law is "One of the most valuable tools the Intelligence Community has, and therefore, is used with the utmost care by the men and women of the FBI so as to notjeopardize future utility. As such, we continuallyevaluate our internal policies and procedures to further reduce the number of these compliance matters."
The new documents show that theNSAhas, on occasion, exempted itself from its legal obligation to destroy all domestic communications that were improperly intercepted.
Under the law, theNSAis supposed to destroy any intercept if it determines the data was domestically gathered, meaning someone was intercepted on U.S. soil without a warrant when the agency thought they were still overseas. The NSA however, has said previously it created destruction waivers to keep such intercepts in certain cases.
The new documents confirm theNSAhas in fact issued such waivers and that it uncovered in 2012 a significant violation in which the waivers were improperly used and the infraction was slow to be reported to the court.
In light of related filings being presented to the Court at the same time this incident was discovered and the significance of the incident, DOJ should have reported this incident under the our immediate notification process, then-Assistant Attorney General Lisa Monaco wrote the FISA court in August 28, 2012 about the episode, ???according to one memo released through the FOIA.????
TheNSAdeclined to say how often destruction waivers are given. But ODNIs Joel said the FISC court has supervised such waivers and affirmed they are consistent with the Fourth Amendment of the Constitution and the statutory requirements of Section 702.
Other violations cited in the memos:
In annual and quarterly compliance reports that have been released in recent years, U.S. intelligence agencies have estimated the number of Section 702 violations has averaged between 0.3 percent and 0.6 percent of the total number of taskings. A tasking is an intelligence term that reflects a request to intercept a specific phone number or email address.
The NSA now targets more than 100,000 individuals a year under Section 702 for foreign spying, and some individual targets get multiple taskings, officials said.
The actual number of compliance incidents remains classified but from the publicly available data it is irrefutable that the number is in the thousands since Section 702 was fully implemented by 2009, said a senior U.S. official with direct knowledge, who spoke only on condition of anonymity.
The increasing transparency on Section 702 violations is having an impact on both critics and supporters of a law that is up for renewal in Congress at the end of this year. Of concern are the instances in which Americans data is incidentally collected and then misused.
Retired House Intelligence Committee chairman Pete Hoekstra, a Republican who strongly supported the NSA warrantless spying program when it started under George W. Bush, said he now fears it has now become too big and intrusive.
If I were still in Congress today, I might vote with the people today to shut the program down or curtail it, Hoekstrak, who has been tapped by Trump to be ambassador to the Netherlands, said in an interview.
One percent or less sounds great, but the truth is one percent of my credit card charges dont come back wrong every month. And in my mind one percent is pretty sloppy when it can impact Americans privacy.
Read the original here:
Newly declassified memos detail extent of improper Obama-era NSA spying - The Hill
- Trump Is Still Posting About Arresting Obama and Prosecuting Election Workers - Mother Jones - February 1st, 2026 [February 1st, 2026]
- Trump, Iran, and the Ghosts of Bush and Obama - The Dispatch - February 1st, 2026 [February 1st, 2026]
- From Bill Gates to Elon Musk and ex-Obama Official: What the New Epstein Files Reveal - TheWire.in - February 1st, 2026 [February 1st, 2026]
- Clinton and Obama urge Americans to 'speak out' and take action after Minneapolis shootings - NBC News - February 1st, 2026 [February 1st, 2026]
- Barack Obama warns Trump's ICE operations are a threat to all Americans: 'Get off the sidelines' - TheGrio - February 1st, 2026 [February 1st, 2026]
- Obama: Whats Happening In Minnesota Threatens All Americans - BIN: Black Information Network - February 1st, 2026 [February 1st, 2026]
- Barack and Michelle Obama Team Up With Airbnb CEO Brian Chesky To Announce Scholarship Program For Aspiring Leaders - AfroTech - February 1st, 2026 [February 1st, 2026]
- Quote of the day by Barack Obama: We don't ask you to believe in our ability to bring change, rather - The Economic Times - February 1st, 2026 [February 1st, 2026]
- Michelle Obama, 62, Inspired Me, 27, to Shop the Retro Denim Trend That Kelly Clarkson, 43, Just Wore - People.com - February 1st, 2026 [February 1st, 2026]
- From Obama award to Minnesota op: Why Trump tapped Tom Homan for on-the-ground crackdown - Fox News - February 1st, 2026 [February 1st, 2026]
- Crump and Obama are the Top Black News Makers of the 21st Century - The Sacramento Observer - February 1st, 2026 [February 1st, 2026]
- The Breakfast Routine Barack Obama Maintained During His Run For The White House - Mashed - February 1st, 2026 [February 1st, 2026]
- 2010 Obama clip goes viral where he defends deportations, even of those just trying to earn a living - Fox News - February 1st, 2026 [February 1st, 2026]
- Was Tom Homan Obama's 'ICE chief' who received award for deportations? We inspected - Snopes - February 1st, 2026 [February 1st, 2026]
- Michelle Obama explains why she thinks the U.S. isn't ready for a female president - nbcwashington.com - January 24th, 2026 [January 24th, 2026]
- Michelle Obama gives 3-word response on if her husband would seek 3rd term - masslive.com - January 24th, 2026 [January 24th, 2026]
- Michelle Obama, who called herself "Mom-in-Chief," now says she doesn't recommend women leave careers for children - Yahoo - January 24th, 2026 [January 24th, 2026]
- Michelle Obama Reacts to Criticism of Her Appearance During Time as First Lady - E! News - January 24th, 2026 [January 24th, 2026]
- Tearful Regina King Thanks Sasha and Malia Obama for Their Friendship With Her Late Son Ian - E! News - January 24th, 2026 [January 24th, 2026]
- Rewind: Obama roasts Trump at the 2011 White House Correspondents' Dinner. - Brut - January 24th, 2026 [January 24th, 2026]
- Regina King Reflects on Son Ian's Friendship With Michelle Obama's Daughters Malia and Sasha Before His Death - instyle.com - January 24th, 2026 [January 24th, 2026]
- Michelle Obama says friendships are as important as the degree that you got in college, your job title, and your salary - Fortune - January 24th, 2026 [January 24th, 2026]
- Id Actively Work Against That: Michelle Obama Shuts Down Third Obama Term Talk - bet.com - January 24th, 2026 [January 24th, 2026]
- OOPS! Megyn Kelly And Guests May Be Telling On Themselves In Angry Michelle Obama Rant - HuffPost - January 24th, 2026 [January 24th, 2026]
- Michelle Obama Just Revealed the Sad Truth About How the Media Actually Viewed Her in the White House - The Root - January 24th, 2026 [January 24th, 2026]
- Moments When Donald Trump Was Jealous of Barack Obama - Inquisitr News - January 24th, 2026 [January 24th, 2026]
- Michelle Obama Would Actively Work Against Husband Barack Becoming President Again - Globe Magazine - January 24th, 2026 [January 24th, 2026]
- Actor Craig Robinson Says a Past Girlfriend Thought He Was Michelle Obama's Married Brother - People.com - January 24th, 2026 [January 24th, 2026]
- Michelle Obama clarifies woman President comments on Call Her Daddy Podcast | RISING - The Hill - January 24th, 2026 [January 24th, 2026]
- Michelle Obama pressed on whether Barack would run for White House a third time if Trump changed the law - Yahoo - January 24th, 2026 [January 24th, 2026]
- Michelle Obama and Gretchen Whitmer Disagree on Americas Readiness for a Female President - The New York Times - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama issues brutal verdict on whether Barack should run for president again - The Independent - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama explains her comments that the US wasnt ready for a female president - CNN - January 22nd, 2026 [January 22nd, 2026]
- Barack Obama, Where the F--k Are You? - The Daily Beast - January 22nd, 2026 [January 22nd, 2026]
- Former first lady Michelle Obama said on a popular podcast that she would actively work against her husband, Barack, running for a hypothetical third... - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama pans possibility of third term for presidents: 8 years is enough - The Hill - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Says She Would 'Actively Work Against' Another Barack Presidency if Term Limits Were Changed - People.com - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Slams Critics for Putting Women in Their Place by Attacking Their Physical Being - Yahoo - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Celebrates 62nd Birthday in a Vest Held Together by a Safety Pin for Surprise 'Call Her Daddy' Appearance - instyle.com - January 22nd, 2026 [January 22nd, 2026]
- New court doc asserts former Obama WH counsel advised Jeffrey Epstein during critical reputational and legal battles - CNN - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Sits Down With Call Her Daddy to Talk Fashion, Scrutiny, and Looking Beyond Appearance - Harper's BAZAAR - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama would 'actively work against' a hypothetical third term from Barack, she says - New York Post - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama is asked if Barack would run again if Trump changed the law - The Independent - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Reveals What She'd Want Her Husband To Do If Trump Ran For A Third Term - HuffPost - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Admits That She Used to Want Husband Barack to "Be Different" - instyle.com - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Reveals Why She Wouldnt Want Husband Barack to Be President Again - Entertainment Tonight - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Doesnt Want Barack to Run for a Third Term Says She Would Work Against It' - Inquisitr News - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama says she would 'actively work against' Barack running for hypothetical third term - Fox News - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Reacts to Criticism of Her Appearance During Time as First Lady - E! Online - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Makes Huge Confession About First Meeting With Husband Barack - Reality Tea - January 22nd, 2026 [January 22nd, 2026]
- Video Jesse Williams on documentarys connection from basketball to Obama and MLK - ABC News - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama Marks Her Birthday on Instagramand Fans Immediately Zero In on One Thing - Parade - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama says she would 'actively' discourage her husband from running again - Yahoo - January 22nd, 2026 [January 22nd, 2026]
- Michelle Obama reveals how her looks were criticised during time as First Lady - tyla.com - January 22nd, 2026 [January 22nd, 2026]
- Trump has unfinished business in Iran -- he must do better than Obama and take action for the protesters' sake - New York Post - January 22nd, 2026 [January 22nd, 2026]
- The Nobel Prize committee doesn't want Trump getting one, even as a giftbut they treated Obama very differently - Fortune - January 18th, 2026 [January 18th, 2026]
- Vinson Cunningham on Barry Blitts Obama Fist Bump Cover - The New Yorker - January 18th, 2026 [January 18th, 2026]
- Barack Obama shares loving birthday tribute to wife, Michelle, on her 62nd birthday - ABC News - January 18th, 2026 [January 18th, 2026]
- Barack and Michelle Obama's Rare Family Photos with Daughters Sasha and Malia - People.com - January 18th, 2026 [January 18th, 2026]
- Michelle Obama Celebrated on Her 62nd Birthday by Husband Barack - People.com - January 18th, 2026 [January 18th, 2026]
- Relationship tip of the day: Michelle Obama reveals the hard truth that saved her marriage - 'I had to le - Times of India - January 18th, 2026 [January 18th, 2026]
- Barack Obama Shares a Heartfelt Tribute to Michelle Obama to Mark Her 62nd Birthday: "I Love You, Miche" - instyle.com - January 18th, 2026 [January 18th, 2026]
- HAPPY BIRTHDAY, MICHELLE OBAMA! Former US president Barack Obama penned a sweet birthday message to his wife, Michelle Obama, on Sunday. "Happy... - January 18th, 2026 [January 18th, 2026]
- Obama Presidential Center to feature major work by East Lansing-raised artist Julie Mehretu - WKAR - January 18th, 2026 [January 18th, 2026]
- Help Wanted at the Obama Presidential Center - The Wall Street Journal - January 18th, 2026 [January 18th, 2026]
- Michelle Obama Celebrated on Her 62nd Birthday by Husband Barack - AOL.com - January 18th, 2026 [January 18th, 2026]
- Drowning in noise: A warning from Project Censored and President Obama - Illinois Times - January 18th, 2026 [January 18th, 2026]
- Meeting This Morning Proposes Painting Over the Image of Barack Obama at Chamizal Park - El Paso Herald Post - January 18th, 2026 [January 18th, 2026]
- Barack Obama's Birthday Post For Michelle Proves They Have What Donald And Melania Never Will - thelist.com - January 18th, 2026 [January 18th, 2026]
- Whole milk set to return to school cafeterias after Trump reverses Obama-era act - The Independent - January 18th, 2026 [January 18th, 2026]
- Sasha Obama shows off effortless street-style look with the perfect winter skirt - HOLA - January 18th, 2026 [January 18th, 2026]
- Inside Michelle Obama's most transformative fashion year yet as she turns 62 - HELLO! Magazine - January 18th, 2026 [January 18th, 2026]
- An Obama Judges Absurd Reasoning for Restoring Funding to the American Academy of Pediatrics - National Review - January 18th, 2026 [January 18th, 2026]
- Malia Obama makes clogs cool with cropped pants and a colorful sweater - HOLA - January 14th, 2026 [January 14th, 2026]
- Iran is on fire, and Trump will not turn away as Obama did - JNS.org - January 14th, 2026 [January 14th, 2026]
- Obama had just won elections ...build a small inner circle,Not admirers.Truth tellers... On the morning of November 5, 2008, at exactly 6:00 a.m.,... - January 14th, 2026 [January 14th, 2026]
- Trump continues to fume over Obama winning the Nobel Prize as organization reminds him award can't be transferred - TheGrio - January 14th, 2026 [January 14th, 2026]
- Make Michelle Obama's White & Dark Chocolate Chip Cookies that beat Ann Romney's in 2012 - HOLA - January 14th, 2026 [January 14th, 2026]
- Trump repeats claim of stopping India-Pakistan conflict, says Obama didn't do anything to win Nobel - The Hindu - January 14th, 2026 [January 14th, 2026]
- Barack Obama More Popular with Young Men Than Joe Rogan or Donald Trump - Newsweek - January 9th, 2026 [January 9th, 2026]