Tag: NSA Warrantless Surveillance
President Obama today released his reforms to the NSA's bulk data collection program.
ACLU Executive Director Anthony Romero said the changes are welcome, but don't go far enough:
The president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”
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Der Spiegel has several feature articles this week on the NSA's backdoor program TAO, which stands for "Tailored Access Operations."
This is the NSA's top operative unit -- something like a squad of plumbers that can be called in when normal access to a target is blocked.
According to internal NSA documents viewed by SPIEGEL, these on-call digital plumbers are involved in many sensitive operations conducted by American intelligence agencies. TAO's area of operations ranges from counterterrorism to cyber attacks to traditional espionage.
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Yin and Yang. Last week, federal Judge Richard J. Leon in Washington ruled the NSA's collection of mass telephone metadata was “almost Orwellian” and probably unconstitutional."
Today, Judge William H. Pauley III in New York rules the opposite way, finding the NSA program legal under Section 215 of the Patriot Act and the Fourth Amendment.
Today's opinion is here.
The ACLU says on to the Second Circuit Court of Appeals.
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The Obama Administration has released new documents to justify its increased NSA warrantless surveillance.
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A federal judge in the District of Columbia has granted a request for a preliminary injunction against the NSA preventing them from bulk collecting and querying of telephone record metadata, finding it likely violates the Fourth Amendment.
The opinion is here.
In a 68-page ruling, Judge Richard J. Leon of the District of Columbia called the program’s technology “almost Orwellian” and suggested that James Madison, the author of the Constitution, would be “aghast” to learn that the government was encroaching on liberty in such a way.
“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary’ invasion than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Judge Leon wrote. “Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment.”
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The FISA Court today released the August 29, 2013 opinion by FISA Court Judge Claire Eagen finding the NSA's mass telephony data program is constitutional and statutorily permissible.
The opinion is here.
[B]ecause there is no cognizable Fourth Amendment interest in a telephone company's metadata that it holds in the course of its business, the Court finds that there is no Constitutional impediment to the requested production.
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Via the Guardian: Edward Snowden's latest contribution to letting the world know what the U.S. Government doesn't want you to know: XKeyscore.
Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
....One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
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Director of National Intelligence James Clapper has authorized the declassification and public release of these documents:
- Cover Letter and 2009 Report on the National Security Agency’s Bulk Collection Program for USA PATRIOT Act Reauthorization
- Cover Letters and 2011 Report on the National Security Agency’s Bulk Collection Program for USA PATRIOT Act Reauthorization
- Primary Order for Business Records Collection Under Section 215 of the USA PATRIOT Act
Here's a NY Times article on today's hearing and the declassified documents.
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The Amash Amendment to end NSA's bulk electronic surveillance program will be voted on this week.
"The amendment would prevent the NSA, the FBI and other agencies from relying on Section 215 of the Patriot Act "to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215."">will get a vote, probably Thursday. Debate is expected late today.
The vote by itself will not restrict the surveillance, it would simply include Amash's amendment in the annual Defense appropriations bill, which the House is considering this week; the Senate must also approve the bill before it goes to President Obama's desk.
The House Intelligence Committee supports it, the House Judiciary Committee opposes it.
Go here and see how your rep is voting. Send them a tweet urging them to pass the Amendment
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The 9th Circuit Court of Appeals in Seattle is hearing two cases today involving the NSA's warrantless wiretapping program.
Two cases involving widespread warrantless wiretapping of U.S. citizens by the National Security Agency will face a major hurdle Wednesday in a federal appeals court in Seattle. A procedural hearing will be held to determine whether actions by the NSA and AT&T, which cooperated with the agency, can be challenged in court.
The first case is Hepting v. AT&T:
The lawsuit claims that AT&T violated the privacy rights of its customers by allowing the NSA to occupy one of the company's switching stations in San Francisco and monitor its customers' e-mails and phone calls without a warrant.
In the second case, Jewel v. NSA, brought by Electronic Frontier Foundation. [More..]
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Two American lawyers and an Islamic charity have submitted their bill for damages following a federal court ruling the Bush Administration subjected them and Al-Haramain Islamic Foundation to illegal wiretapping. The tab as of now (not including attorneys' fees and costs): $612,000.
Judge Vaughn Walker ruled on March 31 (pdf) they were victims of Bush's NSA warrantless electronic surveillance program in violation of FISA, had directed them to submit a statement with their damages. On Friday, they filed this pleading (pdf).
The lawyers and the charity were illegally wiretapped for 204 days. Their bill reflects actual damages at the rate of $100 per day for each day of violation, pursuant to 50 U.S.C. § 1810(a). In addition, there are punitive damages of of $183,600 for each of the three plaintiffs pursuant to 50 U.S.C. § 1810(b). [More...]
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Thomas A. Drake, a high level official with the National Security Agency, had been indicted in Maryland for making false statements and obstruction of justice into the investigation of who leaked details of Bush's warrantless NSA surveillance program to a newspaper in 2006 and 2007.
A federal grand jury in Maryland indicted Drake on five counts of retaining classified information without authorization, including four e-mails and one document copying classified information. He also was charged on one count of obstructing justice and four counts of making false statements to the FBI. The maximum prison terms for those charges range from five to 20 years.
From the DOJ press release: [More...]
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The case involved the Al-Haramain Islamic Foundation, an Islamic charity, and two of its lawyers, Wendell Belew and Asim Ghafoor, who alleged their conversations were illegally intercepted. The Court granted their motion for summary judgment finding the Government is liable for damages for illegally wiretapping their conversations without a FISA warrant. [More...]
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John Yoo defends himself against malpractice allegations in the Inspector General report on warrantless electronic surveillance in an op-ed today's Wall St. Journal, Why We Endorsed Warrantless Wiretaps. He says the IG report " ignores history and plays politics with the law."
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- The White House asked the CIA to prepare independent “threat assessments” to determine whether the surveillance program was necessary, but then told the CIA to add a paragraph to the end of each threat assessment stating that terrorists possessed the intent and capability to stage terrorist attacks within the United States (p. 7);
- Many officials, agents and analysts believe that “most PSP (Presidential Surveillance Program) leads were determined not to have any connection to terrorism,” and that “the mere possibility of the leads producing useful information” justified the program (p. 32), directly contradicting previous statements that the program was critical;
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