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NSA Surveillance LOVEINT

NSA Surveillance LOVEINT

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Published by Ryan Gallagher
Letter to Senator Chuck Grassley, Sept. 2013.
Letter to Senator Chuck Grassley, Sept. 2013.

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Published by: Ryan Gallagher on Sep 27, 2013
Copyright:Attribution Non-commercial

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01/04/2014

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UNCLA3S
I FI
EC 
NATIONAL SECURITY
AGENCY
t'i;N~i'HAi.si-x'i'Rn'vsr.R\'ii"i-;
OI'IICEOV
niR 1NSPRCT0B
GKNRRAJ
11
September 20
1
3
Sen.
Charles L. Qrawlty
Ranking
Member 
Comniiltcc
on the Judiciary
United 
Stales
Senate
152
Dirk 
sen Setuiie
Office
Building
Washington. DC 20510Senator 
Gnissicy:
I
write in
response
to your letter of 27 August 201? requesting infnrrndlirm
about
intentional and 
willful
misuse of surveillance
million
ties.Since I January 200."!,
there
haw been 12 substantiated inslanees of intentional misuse of the signals intelligence
(SIG1NT)
authorities of the Director of the National Security Agency,Ihe NSA
Office
of the Inspector General (OIG) eurrenllv has two open investigations intoalleged misuse of 
S1G1N
I and is reviewing one allegation for possible investigation.I.
Civilian
Employee, Foreign Location
In
201 I, before an upcoming reinvestigation polygraph, the subject reported thai in 2004."out of curiosity." be performed a
SICiINIT
query of his home telephone number and thetelephone number of his girlfriend, a foreign national. The
SIG1NT
system prevented the query
on
ihe home number 
because
it was
made
on
a
US person I'he subject viewed the
metadata
returned by the query on his girlfriend's telephone.The appropriate OfG conducted an invesiigation. 't he
subject's
actions were found to be
in
violation of United Slates Signals Intelligence Directive
(USSII»
18' (Legal Compliance and 
L'.S.
Person
Minimization
Procedures),The
matter 
was referred lo Do.l in 2011 ['or possible violations of 18
IjLS.C
$H.1(embezzlement and 
theft)
and IK 
C.S.C.
^251! {interception and disclosure of electroniccommunications). In 2011. Do.l declined prosecution. The subjeel retired in 2<H2 beforedisctpHnarj action bad been taken.
UNCLASP J
h
'ltiL-
 
UNCLASSIfIED
2.
Civilian
Employee.
Foreign
Location
In
200?. (hiring a pre-retirement reinvestigation polygraph and interview, the subjectreported ihat. in 200?. be
tasked
SKiINT
collection
of dte telephone
mmiU
i of his foreign-nationalgtrifncnd without an authorized purpose for approximately one month lo determinewhether she was
"involved with
any
|local
j
government
officials
or other activities
that
might get
|
It
tin
I
in trouble."The NSA OKi determined lhat the subject's actions violated Executive Order 
1
2^3^.
DeO
Regulation 524<i. I-R. 5
CT.R.
j 2&35.704. mid 
NS.VCSS
PMM
30-2. Chapter 5*6.
Wand 3- LIhe
OKI's
report was shared 
with
the NSA
Office
of General Counsel
lOGC)
for 
tin
assessment
as to whether referral to Do.l was appropriate. Records are insufficient to determinewhether a referral was made. The subject retired before the
OKi
investigation was
finalized.
3.
Civ
ilian
Employee, Foreign
Location
In
2004. upon her return
from
a foreign site, the subject reported to NSA Security
that,
in201)4. she tasked a foreign telephone number she had discovered in her husband's cellular telephone because she suspected thai, her husband had been unfaithful. The tasking resulted in
\
oice
collection
of her husband.
I
be NSA OKi determine
that
the subject's actions violated 
USS1D
1
K.
L'secutive Order 12333, 5
C.F.R.
§3635.704.
and DoD Regulation
5240.
1
-li.
and possibly IX I .S C. 52511(interception and disclosure
o
electronic communications).The OKi report was forwarded to
NSA's
OOC.
which
referred the matter to Do.l. Ihesubject of the investigation resigned before the proposed discipline of remov a! was administered 4.
Civilian
Employee.
Foreign
Location
In
2003. ihe appropriate OKi was notified 
that
an employee had possibly violated 
USSID
18. A female foreign national emploved bv the I .S. government,
with
whom ihe subjectwas having sexual relations,
told 
another government employee
lhal
she suspected thai thesubject was listening to her telephone
calls.
The other emplov ee reported ihe incident,Ihe investigation determined 
dial,
from
approximately |WK to 2003. the employeetasked nine telephone numbers of female foreign nationals, without a
valid 
foreign intelligence purpose, and listened to collected phone conversations
while
assigned lo foreign locations. Thesubject conducted 
call
chinning on one of the numbers and tasked the resultant numbers, lie also
incidentally
collected the communications of a
U.S.
person on two occasions.
I
he appropriate agency referred ihe matter to Do.l. The subject was suspended without pav pending the outcome sfthf investigation and resigned before discipline had been proposed 
 
UNCI
.ASS
I
FT EP
5.
Civ
ilian
Employee, Foreign Loearkia
I
he employee's agency discovered 
that
an etuptoyea had misused the
SKJINT
collectionsystem between 2001 and 2003 hy targeting
three
female foreign nationals;The appropriate OKi conducted an investigation. I he violations were referred lo DoJ.
I
he subject resigned before disciplinary action was taken.6. (
ivilian
Employee, Foreign
Location
As
the result of a polygraph examination, it was discovered 
that
an emplov cc had accessed the collection
ol'
communications on two foreign nationals.The employee's agency concluded its investigation in 2006. mid the subjeei received aone-year letter of reprimand (prohibiting promotions, awards, and within-grade increases) and a10 day suspension without pay. ihe subject's pending pormancnt-change-ol-station assignmentwas cancelled, and his promotion recommendation was withdrawn.7.
Civilian
Employ
ee, Foreign
LocationIn
201 I. the NSA OIG was notified thai, in
201
1,
the subject had tasked the telephonenumber of her loreign-naiionu! boyfriend and other foreign nationals and thai she reviewed theresultant
collection.
The subject reported this activity during an investigation into another mailer.The subject asserted 
that
it was her practice to
enter 
foreign national phone numbers sheobtained in
social
sellings into the
SIGINT
system lo
ensure
that
she was not talking to
"shad>
characters" and to help mission.The appropriate
OKi
found thai the subject's actions
polenliallv
violated Executive Order 
12333,
Part
l.7(cHO.
and Dot) Regulation
5240.ML.
I'rocedure 14.
I
he appropriate
OKi
referred the
matter 
to Did in
201
I as a possible
violation
oIS
U.S.C,
$251! (interception and disclosure of electronic communications). Ihe subjectresigned before disciplinarv action had been imposed.
X.
Military
Member, (
ONUS
Site
In
20115.
the NSA OIG was notified thai, on the subject's first day of access to the
SIOINI
collection system, lie o,ueried six e-mail
addresses
belonging to a former 
girlfriend,
a
U.S.
person, wilhout authori/mion. A site review o
SIGINT
audit discovered Ihe queries four dtivs after thev had occurred.

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