On June 27 I wrote Some Thoughts On The Snowden Fallout:
The NSA's spying on U.S. citizen may not yet have such consequences.
Unless there is a huge case where NSA spying is directly connected to a
Watergate like scandal Congress will do nothing to reign the NSA in. But
the scandal will come. As a former East German STASI officer says:“It is the height of naivete to think that once collected
this information won’t be used,” he said. “This is the nature of secret
government organizations. …"
The huge case has not yet been made are but we getting nearer to it.
Just yesterday an NYT piece claimed that access to the enormous mounts of data the National Security Agency collects through its borderless spying activities is only rarely given to other agencies:
The National Security Agency’s dominant role as the nation’s spy warehouse has spurred frequent tensions and turf fights with other federal intelligence agencies that want to use its surveillance tools for their own investigations, officials say.
Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain that their attempts to exploit the security agency’s vast resources have often been turned down because their own investigations are not considered a high enough priority, current and former government officials say.
…
Intelligence officials say they have been careful to limit the use of the security agency’s troves of data and eavesdropping spyware for fear they could be misused in ways that violate Americans’ privacy rights.
…
Smaller intelligence units within the Drug Enforcement Administration, the Secret Service, the Pentagon and the Department of Homeland Security have sometimes been given access to the security agency’s surveillance tools for particular cases, intelligence officials say.But more often, their requests have been rejected because the links to terrorism or foreign intelligence, usually required by law or policy, are considered tenuous.
According to the exculpatory piece DEA and other agencies only get access to the NSA's trove for "particular cases" and for which the law requires "links to terrorism or foreign intelligence".
But a Reuters exclusive which just came out shows that the above is not even near to the full truth. Agencies like the DEA seem to have automatic access to big parts of the NSA spying machine, use it to generate new domestic investigations and then outright lie to judges, prosecutors and defense attorneys to hide this fact:
A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.
…
The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred.Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential.
"Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."
So there is a somewhat secret DEA unit which has access to at least some data (likely all) in the NSA collection, uses such data to search for leads and to launch new domestic investigations. That sounds quite different than to getting access only for "particular cases" and with "links to terrorism".
When those leads and investigations lead to trials the involvement of the DEA's SOD and of the NSA data trove is concealed which makes legal defense in such trials on the base of possible agency wrong doing in starting the investigation impossible.
If the NSA data collection and processing through domestic and/or international snooping finds a potential drug deal and hands the data over to the DEA, the agency will conceal the illegal act that started the investigation. This is likely a circumvention of fruit of the posionous tree rules, of illegally obtained evidence that is not permissible in court.
The DEA (and likely other agencies too) do not conceal these because of security concerns. They conceal the source of their tips because these are gained illegally. The NSA is not allowed to wiretap domestically but the example Reuters gives seems to be a purely domestic one:
A former federal agent in the northeastern United States who received such tips from SOD described the process. "You'd be told only, ‘Be at a certain truck stop at a certain time and look for a certain vehicle.' And so we'd alert the state police to find an excuse to stop that vehicle, and then have a drug dog search it," the agent said.
After an arrest was made, agents then pretended that their investigation began with the traffic stop, not with the SOD tip, the former agent said. The training document reviewed by Reuters refers to this process as "parallel construction."
Though this is not yet completely proving that illegal domestic NSA spying is used to generate these DEA investigations, the fact that the DEA goes to such great length to conceal the sources of their investigations and even orders its agents to lie about them in court points to that very direction.
The NSA's "collect it all" attitude generates demand from other agencies to have access to all that data. Despite the NYT's piece claim that the NSA is not giving wide access to its collection, the DEA seems to have quite significant access to it and is using it while hiding the fact that it does so.
We can reasonably assume that the DEA is not the only agency behaving like this. Reread this from the NYT:
Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain …
The NSA is indeed distributing much more than is usually admitted:
The National Security Agency is handing the Justice Department information, derived from its secret electronic eavesdropping programs, about suspected criminal activity unrelated to terrorism.
…
Current and former federal officials say the NSA limits non-terrorism referrals to serious criminal activity inadvertently detected during domestic and foreign surveillance.
What is a "serious criminal activity"? What if the agencies involved in "copyright infringement" consider it a "serious criminal activity" and have the same access like the DEA and are also hiding this source? The NSA minimization procedures permit the NSA to keep evidence of threats to property. Could the NSA snooping detect your kid's downloads. Could this initiate an copyright infringement investigation? Would your ever learn how that came to pass?
Cheatsheet – The answers are: yes, yes and no.