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Court Challenge To NSA Surveillance Programs Moves Forward
Court Challenge To NSA Surveillance Programs Moves Forward
The secret Foreign Intelligence Surveillance Court allowed a small challenge to National Security Agency surveillance programs to move forward Wednesday, according to the Atlantic Wire -- but it's a motion that predated the recent leak of information on such programs.
The Atlantic Wire first reported that the Electronic Frontier Foundation had filed a Freedom of Information Act request to obtain the FISC's ruling on an electronic surveillance program's violation of the Fourth Amendment. The ruling was revealed in a July 2012 letter between the director of national intelligence and Sen. Ron Wyden (D-OR).
The Department of Justice had previously blocked the EFF's FOIA request on the grounds that the FISC ruling was confidential, and the EFF subsequently sued for appeal. The FISC broke with the DOJ Wednesday by deciding that the court's own rules did not prohibit disclosure of the ruling.
"The victory today was a modest one," the EFF wrote Wednesday in a statement on its website. "The Court didn't order disclosure of its opinion; it just made clear, as EFF had argued, that the FISC's own rules don't serve as an obstacle to disclosure of the opinion. The FISC also clarified that the executive branch cannot rely on the judiciary to hide its surveillance: the only thing obstructing the opinion from the public's review is the executive branch's own claims that it can hide its unconstitutional action behind a veil of classification."
http://livewire.talkingpointsmemo.com/entry/court-challenge-to-nsa-surveillance-programs-moves-forward
The secret Foreign Intelligence Surveillance Court allowed a small challenge to National Security Agency surveillance programs to move forward Wednesday, according to the Atlantic Wire -- but it's a motion that predated the recent leak of information on such programs.
The Atlantic Wire first reported that the Electronic Frontier Foundation had filed a Freedom of Information Act request to obtain the FISC's ruling on an electronic surveillance program's violation of the Fourth Amendment. The ruling was revealed in a July 2012 letter between the director of national intelligence and Sen. Ron Wyden (D-OR).
The Department of Justice had previously blocked the EFF's FOIA request on the grounds that the FISC ruling was confidential, and the EFF subsequently sued for appeal. The FISC broke with the DOJ Wednesday by deciding that the court's own rules did not prohibit disclosure of the ruling.
"The victory today was a modest one," the EFF wrote Wednesday in a statement on its website. "The Court didn't order disclosure of its opinion; it just made clear, as EFF had argued, that the FISC's own rules don't serve as an obstacle to disclosure of the opinion. The FISC also clarified that the executive branch cannot rely on the judiciary to hide its surveillance: the only thing obstructing the opinion from the public's review is the executive branch's own claims that it can hide its unconstitutional action behind a veil of classification."
http://livewire.talkingpointsmemo.com/entry/court-challenge-to-nsa-surveillance-programs-moves-forward
6 replies
= new reply since forum marked as read
= new reply since forum marked as read
A crime is a high price to pay for a discussion. The ACLU and like organizations were already on the case.
The onus is going to be on activists, civil liberties organizations and Congress (if they're serious).
This is not something that's going to be decided by public opinion, not according to the polls.
Poll: Majority Says Snowden Did A Good Thing, But He Should Be Prosecuted
http://www.democraticunderground.com/10023008441
Most disapprove of gov't phone snooping of ordinary Americans
Polling analysis by Sarah Dutton, Jennifer De Pinto, Anthony Salvanto and Fred Backus
<...>
Seventy-five percent of Americans approve of federal agencies collecting the phone records of people the government suspects of terrorist activity, but a 58 percent majority disapproves of this type of data collection in the case of ordinary Americans.
<...>
When asked if the government's collection of Americans' phone call records is a necessary tool to help find terrorists, a slight majority of 53 percent say it is.
There is broad support for the government monitoring the internet activities of those living in foreign countries. Seventy-two percent of Americans approve of this practice and there is agreement on this across party lines.
<...>
But fewer Americans are concerned about their own personal communications being monitored. Just over a third is at least somewhat concerned about the government collecting their own phone records (38 percent) and monitoring their internet use (35 percent); six in 10 are not concerned.
Asked if the government has gone too far in infringing on people's privacy in its efforts to fight terrorism, 46 percent think the balance is about right, but 36 percent say the government has gone too far. Just 13 percent think the government hasn't gone far enough. Republicans are more likely (42 percent) than Democrats (26 percent) to say the government has gone too far.
http://www.cbsnews.com/8301-250_162-57588748/most-disapprove-of-govt-phone-snooping-of-ordinary-americans/
Polling analysis by Sarah Dutton, Jennifer De Pinto, Anthony Salvanto and Fred Backus
<...>
Seventy-five percent of Americans approve of federal agencies collecting the phone records of people the government suspects of terrorist activity, but a 58 percent majority disapproves of this type of data collection in the case of ordinary Americans.
<...>
When asked if the government's collection of Americans' phone call records is a necessary tool to help find terrorists, a slight majority of 53 percent say it is.
There is broad support for the government monitoring the internet activities of those living in foreign countries. Seventy-two percent of Americans approve of this practice and there is agreement on this across party lines.
<...>
But fewer Americans are concerned about their own personal communications being monitored. Just over a third is at least somewhat concerned about the government collecting their own phone records (38 percent) and monitoring their internet use (35 percent); six in 10 are not concerned.
Asked if the government has gone too far in infringing on people's privacy in its efforts to fight terrorism, 46 percent think the balance is about right, but 36 percent say the government has gone too far. Just 13 percent think the government hasn't gone far enough. Republicans are more likely (42 percent) than Democrats (26 percent) to say the government has gone too far.
http://www.cbsnews.com/8301-250_162-57588748/most-disapprove-of-govt-phone-snooping-of-ordinary-americans/
From the piece posted here: http://www.democraticunderground.com/10023004215
No sane American would deny the president and the national security community the best tools to fight a fast-evolving and shadowy enemy. It would be foolish to demand full disclosure of programs that require secrecy. And most Americans, according to polls, are open to trading some privacy for security.
