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FISA Court Opinion On NSA Collection of U.S. Communications

By Jeralyn, Section Civil Liberties
Posted on Wed Aug 21, 2013 at 08:31:00 PM EST
Tags: NSA surveillance (all tags)
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In response to a FOIA lawsuit(document here) by the Electronic Frontier Foundation (EFF), the Government today agreed to release a FISA court opinion finding some parts of the NSA electronic surveillance program unconstitutional. For example, for a period of time, the NSA illegally collected domestic emails and internet communications of Americans.

The October, 2011 opinion by former FISA Court Chief Judge John Bates is here. A September, 2012 opinion by Judge Bates finding the issue sufficiently resolved is here. Spencer Ackerman and other reporters had a conference call with an intelligence official who gave an explanation of what happened and why. Here is the Guardian report on documents from Edward Snowden describing the loophole (also here.)

DNI Director James Clapper's letter explaining today's releases is here. The website DNI set up with links to released documents is here.
Other documents released today include: [More...]

  • NSA minimization procedures (October, 2011)for acquisition, retention, use, and dissemination of non-publicly available information concerning unconsenting United States persons that is acquired by targeting non-United States persons reasonably believed to be located outside the United States in accordance with section 702 of the Foreign Intelligence Surveillance Act of 1978, as amend