The House of Representatives on Wednesday evening narrowly defeated an amendment from Rep. Justin Amash (R-Mich.) meant to halt the National Security Agency's bulk collection of phone record data.

"We're here today for a very simple reason: to defend the Fourth Amendment, to defend the privacy of each and every American," Amash said as he introduced his measure. Lawmakers' votes, he said, would answer one simple question, "Do we oppose the suspicionless collection of every American's phone records?"

On Wednesday, at least, the answer was no. The House voted 217-205 to defeat the amendment after intense last-minute lobbying from the White House and the NSA.

Democrats voted for the amendment by a 111-to-83 margin. Republicans, meanwhile, split 134 to 93 against it.

http://www.huffingtonpost.com/2013/07/24/justin-amash-amendment_n_3647893.html

... But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.

XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.

Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.

Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets. But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.

...

In a statement to the Guardian, the NSA said: "NSA's activities are focused and specifically deployed against – and only against – legitimate foreign intelligence targets in response to requirements that our leaders need for information necessary to protect our nation and its interests.

"XKeyscore is used as a part of NSA's lawful foreign signals intelligence collection system.

"Allegations of widespread, unchecked analyst access to NSA collection data are simply not true. Access to XKeyscore, as well as all of NSA's analytic tools, is limited to only those personnel who require access for their assigned tasks … In addition, there are multiple technical, manual and supervisory checks and balances within the system to prevent deliberate misuse from occurring."

"Every search by an NSA analyst is fully auditable, to ensure that they are proper and within the law.

"These types of programs allow us to collect the information that enables us to perform our missions successfully – to defend the nation and to protect US and allied troops abroad."