this post was submitted on 16 Jul 2024
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[–] [email protected] 251 points 1 month ago (5 children)

they are on a format that NSA no longer has the ability to view or digitize,” the NSA FOIA office said in a follow-up. “Without being able to view the tapes, NSA has no way to verify their responsiveness. NSA is not required to find or obtain new technology (outdated or current) in order to process a request.”

In short, "we don't want to".

[–] [email protected] 62 points 1 month ago (2 children)

Which also gives them another idea on how to deny FOIA request?

[–] [email protected] 49 points 1 month ago (1 children)

The hard drive with the information is on a very high shelf and you cannot force us to buy a ladder.

[–] [email protected] 13 points 1 month ago

Also, it is a proprietary ladder that match our shelving system, and they don't make it anymore.

[–] [email protected] 18 points 1 month ago (2 children)

In that case cant we request the raw data in another format? I dont care about the end result if i can make em run trough hoops to comply

[–] [email protected] 7 points 1 month ago* (last edited 1 month ago) (4 children)

Tapes

Raw data

How, without the right kind of reader

[–] skulblaka 24 points 1 month ago (1 children)

"Your failure to plan does not constitute my emergency".

Sounds to me like they're just choosing not to comply with FOIA, a federal law.

This is a bullshit ruling and everyone involved with it knows it. They have my information, I require a copy of my information, end of story. Not providing it is noncompliance.

But of course nothing will happen because the American federal government is broken.

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[–] [email protected] 6 points 1 month ago* (last edited 1 month ago) (3 children)

Ah no, they can't give it out because they aren't able to ensure that there's no sensible data on it.

Btw, how about donating them a tape-to-usb converter? Can they refuse it? With some "we can't ensure integrity and security of the device" mumbo jumbo?

[–] [email protected] 9 points 1 month ago

They haven't forgotten about "The Thing". Anyone donating hardware might have an ulterior motive for wanting hardware inside an NSA building.

[–] [email protected] 5 points 1 month ago

If the information that is the tape cant come to us maybe we can visit the tape and measure it ourselves.

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[–] [email protected] 25 points 1 month ago (3 children)

It is true that they could resurrect the tapes if they had a compelling reason to do so. Denying the request indicates that they don't believe the reason to be sufficiently compelling to warrant the extra expenditure of resources. That is subtley different from "we don't want to", which implies a level of capriciousness.

Government departments get FOI requests all the time and they take resources to fulfill. FOI is not intended as a way to have taxpayers fund people's pet projects. That's why FOI law doesn't require your government to spend (even more) money to acquire technology they don't have or need for anything other than the FOI request itself. Rather, something that requires that kind of extra effort and expenditure should be submitted as a research request, normally with its own funding.

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[–] [email protected] 12 points 1 month ago (1 children)
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[–] [email protected] 6 points 1 month ago (1 children)

Wait, so the NSA could put everything on an external HD with a proprietary cable that destroys itself after being used.

Then, they have a way to produce it as needed, but because they are not required to obtain it they can now refuse it.

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[–] [email protected] 126 points 1 month ago (1 children)

The Ampex 1" type C video tape recorder needed is rare, but it's not impossible to find one. The NSA could certainly watch the video if they wanted to. The just don't want to go through the effort for a FOIA request.

[–] [email protected] 53 points 1 month ago (1 children)

The article seemed to suggest you could buy them easily on eBay lol

[–] [email protected] 53 points 1 month ago (1 children)

Yes, they do show up on ebay, but usually not in working condition. Then you have to find someone that can do a restoration. Keep in mind that there may only be one chance to play the tape before it falls apart, so the player needs to be working perfectly.

[–] [email protected] 23 points 1 month ago (2 children)

Which means they need a player AND a way to digitize it from that player, so if it does die, it will still be recorded.

[–] [email protected] 28 points 1 month ago

Digitizing is the easy part. Even though it's an ancient format, it's still just NTSC composite video and analog audio. You digitize it just like you would a VHS tape.

[–] [email protected] 10 points 1 month ago

The zero-effort method of pointing a camera and mic at the screen as it's being played back should be sufficient if they can't do it another way. Given the tape's age, the resolution is unlikely to be high enough to lose significant details that way.

[–] [email protected] 47 points 1 month ago (1 children)

I know two VCR repair men who would be up to the job 🤔 somebody call Lighting Fast VCR!!

[–] [email protected] 11 points 1 month ago

Those guys are a couple of hackfrauds

[–] [email protected] 45 points 1 month ago (1 children)

Techmoan can get them sorted.

[–] [email protected] 5 points 1 month ago

I guess Foone could also have something.

[–] [email protected] 37 points 1 month ago* (last edited 1 month ago) (4 children)

I know several youtubers that could be trusted with solving that issue. Why can't they find someone with the skills?

Edit: Thanks for the replies I see now it's not a technical knowledge problem, but a security+law+regulation problem.

[–] [email protected] 36 points 1 month ago

Why can't they find someone with the skills?

Because it's a bad excuse to avoid their legal duties because they've probably broken some laws while thinking there would never be any consequences.

Ofc they could digitise it, easily, they're the fucking NSA, not a tech-illiterate grandparent.

[–] [email protected] 29 points 1 month ago (16 children)

I'm not super-well read on the federal FOIA, but am responsible for public information requests at my city, which follow state regs.

At least at my level, the big one is that the government does not have to create documents to satisfy a request. If the data is not in a readable format, we essentially don't have responsive data and are not required to go through the conversion process because that would be creating data.

We also have a rule regarding conversion of electronic data from internal proprietary format to something the requestor can read that allows us to refuse if responding to the request would cause an undue disruption to city services.

My example of when we used it was a request for every copy of a specific formthat had been rejected in building applications. It would have required manually scrubbing tens of thousands of building permits to look for specific forms that were not always turned in using the same name and looking for versions that were rejected (which may have been part of accepted applications if the applicant corrected the form later).

It would have taken about 6 months for a full-time employee, and our city only has 11 staffers, so we were able to tell them "no."

[–] [email protected] 9 points 1 month ago* (last edited 1 month ago) (1 children)

Who determines whats reasonable?

What if i claim i can read a sound and a video recording of the tape rolling in HD

In the quest for preservation of information can you do to much?

[–] [email protected] 6 points 1 month ago (4 children)

Who determines whats reasonable?

The government decides that, and then if the requestor doesn't like it, they can kick it to a court for review.

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[–] [email protected] 12 points 1 month ago* (last edited 1 month ago)

Legit reason: Chain of evidence. They can't bring in an outside expert that hasn't been vetted, and they especially can't use equipment that has been outside their control and hasn't been verified intact. Damn near zero youtubers would pass NSA vetting, which clearly rules out their equipment as well. The fact this is such an outdated tech means there's no verified-trustworthy experts within or contracted with the government that can work with it, so they really are stuck not being able to do anything with this tech in house. Digital obsolescence is a very serious problem, especially in government (why do you think they pay so much for COBOL developers?) and this truly is a nontrivial issue to overcome.

... Which is the bureaucratic legitimacy behind this claim. Obviously they could fix this, I mean duh. But it's an actual hassle, and they see no benefit to going through it to reveal something they don't see a point to revealing. So they just hide behind the legit issues, shrug, and know we can't do anything about it.

[–] [email protected] 8 points 1 month ago

They've probably secretly listened to someone unknowingly telling them how to fix it.

[–] [email protected] 29 points 1 month ago (1 children)
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[–] [email protected] 28 points 1 month ago

Christ just tell Biden to make them give them to the national archives with an executive order. They'll figure it out.

[–] [email protected] 23 points 1 month ago (2 children)

Whoopsie! History just slips through your fingers like sand sometimes, huh?

Complete incompetence that it wasn't digitized already.

[–] [email protected] 15 points 1 month ago (3 children)

That tape is old and degrading. If it's not digitized soon, it will be lost.

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[–] [email protected] 23 points 1 month ago

God damn! Somebody buy the government a VCR!

/s

[–] [email protected] 19 points 1 month ago (1 children)

I'm gonna call bullshit based on the story by Snowden in his biography about his Boomer co-worker who was in charge of maintaining a tape drive that recorded all incoming communications from field agents as a backup

[–] [email protected] 12 points 1 month ago (4 children)

I mean, there's a difference between a reel of AMPEX film that the NSA is dragging their feet on digitizing, and the modern 45TB 8gbps tape cartridges that absolutely could be used to store thousands of hours of video per day.

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[–] [email protected] 14 points 1 month ago (2 children)

did they try adjusting the tracking? that does it for me

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[–] [email protected] 10 points 1 month ago (1 children)

Smart people do dumb things sometimes.

[–] [email protected] 6 points 1 month ago

Bureaucrats aren't known for their out-of-the-box thinking. Probably half the staff at the NSA could figure out how to get the data off the tapes, but the person in charge of this isn't that cleaver and might think that there could be something classified on them. Either in plain sight or as in the form of some sort of Steganography. They can't leave the building with the tapes and they can't use someone else's player as it might be bugged. "The Thing" probably still spokes the hell out of them.

[–] [email protected] 8 points 1 month ago

They should call TechMoan or CathodeRayDude! One of them probably has the right player just sort of... lying around!

[–] [email protected] 5 points 1 month ago

NSA don't know things, they know people.

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