Experts Call Spy Agency Practice an Eye-Opener
WASHINGTON — The National Security Agency, which eavesdrops on electronic communications around the world, receives thousands of requests each year from U.S. government officials seeking the names of Americans who show up in intercepted calls or e-mails -- and complies in the vast majority of cases without challenging the basis for the requests, current and former intelligence officials said.
The volume of requests and the NSA's almost reflexive practice of disclosing Americans' identities -- which under federal law are shielded unless there is a compelling intelligence reason for releasing a name -- have come as a surprise even to some members of Congress and government officials deeply involved in intelligence matters.
Officials from the NSA and other agencies say that the disclosures are proper and that there are significant protections against abuse. But the practice is coming under new scrutiny because of the recent disclosure that John R. Bolton, President Bush's nominee for ambassador to the U.N., submitted numerous requests for the identities of U.S. officials whose conversations were recorded by the NSA while monitoring overseas targets.
During his confirmation hearings, Bolton -- the undersecretary of State for arms control and international security -- initially said he had made such requests "on a couple of occasions, maybe a few more." His reason, he said, was that in evaluating intelligence reports, sometimes "it's important to find out who is saying what to whom."
The State Department subsequently revealed that Bolton had sought the names of Americans in at least 10 cases since 2001, and that the department as a whole had submitted about 400 requests during that period.
Those 400 inquiries represented only a "small percentage" of the total number fielded by the NSA, according to a government official with access to NSA data who spoke on condition of anonymity. Since January 2004, the NSA has received more than 3,000 requests, the official said, adding that "the magnitude is surprising" even to some intelligence experts.
"Significantly more than half" of the requests come from the CIA and other agencies in the U.S. intelligence community, the official said. The FBI and law enforcement agencies account for a tiny fraction of the total, while the rest come from policymakers such as Bolton and officials in other agencies.
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