The Obama administration has stepped up the NSA’s warrantless surveillance program on U.S. soil to search for signs of hacking.
Without public notice or debate, the Obama administration has expanded the National Security Agency’s warrantless surveillance of Americans’ international Internet traffic to search for evidence of malicious computer hacking, according to classified NSA documents.
In mid-2012, Justice Department lawyers wrote two secret memos permitting the spy agency to begin hunting on Internet cables, without a warrant and on American soil, for data linked to computer intrusions originating abroad – including traffic that flows to suspicious Internet addresses or contains malware, the documents show.
The Justice Department allowed the agency to monitor only addresses and “cybersignatures” – patterns associated with computer intrusions – that it could tie to foreign governments. But the documents also note that the NSA sought to target hackers even when it could not establish any links to foreign powers.
While the Senate passed legislation this week limiting some of the NSA’s authority, it involved provisions in the U.S.A. Patriot Act and did not apply to the warrantless wiretapping program.The disclosures, based on documents provided by Edward J. Snowden, the former NSA contractor, and shared with the New York Times and ProPublica, come at a time of unprecedented cyberattacks on American financial institutions, businesses and government agencies, but also of greater scrutiny of secret legal justifications for broader government surveillance.