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Originally posted by Phage
It's a complex issue. The security value in this type of surveillance is obvious but the "gill net" aspect is appalling.
It's bad enough that there was a "special" court to permit the NSA to do this
but the revelation that they went beyond even what that body authorized...
You're correct. My wording was bad. Can you comment on the accusations that there was an aspect of rubberstamping with the authorizations? (not relevant to the discussion, I know)
The court does not exist to permit the NSA to do this. It exists to restrict what the NSA does and to enforce FISA.
When? Or is this stuff with McClatchy and Wyden just political showboating?
They were reported to the Court and to Congress.
FISA COURT OVERSIGHT
To conduct these bulk collection programs, the government has obtained orders from several different FISA court judges based on legal standards set forth in section 215 and the FISA pen/trap provision. before obtaining any information from a telecommunications service provider, the government must establish, and the FISA court must conclude, that the information is relevant to an authorized investigation. In addition the government my comply with detailed "minimization procedures". required by the FISA court that govern the retention and dissemination of the information obtained. Before NSA analysts may query bulk records, they must have reasonable articulable suspicion - referred to as "RAS" that the number of email addresses that they submit is associated with (blanked out)
The RAS requirement is to protect against the indiscriminate querying of the collected data so that only information pertaining to one of the foreign powers listed in the relevant court order (blanked out) is provided to NSA personal for further intelligence analysis. The bulk data collected under each program can be retained for 5 years.
Originally posted by Ex_CT2
reply to post by VictorVonDoom
Pretty much my thoughts. Secret courts, no matter how independently thinking they may regard themselves, are still secret courts. Who answers to whom, and how do we know? This entire business is black as the heart of Satan.
You can't tell me that they can't stop terrorists with something less than a full-on dragnet of innocent bystanders.