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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Chief Judge of Secret FISA Court Admits In Written Statement That It Cannot Properly Oversee NSA
It has been no secret that the FISA court has effectively operated as a rubber-stamping outfit for NSA surveillance programs. However, when the chief judge on that court, embarrassed by reports of NSA violations, admits that it really isn't intended to be an oversight entity?
Court: Ability to police U.S. spying program limited
The chief judge of the secret FISA court, U.S. District Judge Reggie Walton, has admitted in a written statement to The Washington Post that the court cannot properly oversee NSA surveillance.
Per The Washington Post:
The chief judge of the Foreign Intelligence Surveillance Court said the court lacks the tools to independently verify how often the governments surveillance breaks the court's rules that aim to protect Americans privacy. Without taking drastic steps, it also cannot check the veracity of the governments assertions that the violations its staff members report are unintentional mistakes.
Said Walton:
The FISC is forced to rely upon the accuracy of the information that is provided to the Court...The FISC does not have the capacity to investigate issues of noncompliance.
http://www.washingtonpost.com/politics/court-ability-to-police-us-spying-program-limited/2013/08/15/4a8c8c44-05cd-11e3-a07f-49ddc7417125_story.html
http://www.dailykos.com/story/2013/08/15/1231553/-Chief-Judge-of-Secret-FISA-Court-Admits-It-Cannot-Properly-Oversee-NSA
nadinbrzezinski
(154,021 posts)PowerToThePeople
(9,610 posts)NSA FAIL.
Overturn the patriot act and all the other "surveillance laws." Send in crews with sledge hammers and metal grinders to purge all database equipment from this program.
dkf
(37,305 posts)It sucks that this didn't happen under Bush. Now Democrats will be tainted for the cover up.
PowerToThePeople
(9,610 posts)I do not like it at all. I do not like taking a stand that is against the person I voted for.
dkf
(37,305 posts)Ugh.
backscatter712
(26,355 posts)Contrary to popular belief, Federal district and circuit courts are perfectly capable of managing and protecting sensitive information. So there's no need for an uber-special-secret court for the spooky stuff. They can go to a regular federal judge like any law enforcement agency, present their evidence, in the judge's chambers if necessary, and get a warrant like the Fourth Amendment mandates.
limpyhobbler
(8,244 posts)They should have spoke up about this years ago.
I guess they didn't want to rock the boat. Or stop the gravy train. Either way.
dkf
(37,305 posts)Catherina
(35,568 posts)KoKo
(84,711 posts)The whole thing is out of control. Private Contractors, Storage Facilities being built to house the massive surveillance data that they don't admit to collecting and holding forever. Who could keep on top of all this? Congress not allowed to see how it really worked...the people collecting the data not properly supervised.
The way it's dribbling out allows us to at least try to digest it rather than be overwhelmed with one big story that would have been scoffed at and gone away because it was too complicated for most of the public to understand.
My local newspaper just announced a new "NSA Facility" to open in my state providing 100 jobs. The article stated that the "Facility" would not be engaged in "Surveillance" but in "Research." What the hell kind of research...they didn't say.
X_Digger
(18,585 posts)Fine place to be, eh?
caseymoz
(5,763 posts)He would have been the whistleblower doing what Snowden did, and people would be smearing him as a traitor. He looks like a guy with a family who values his reputation and position, like the majority of government workers.
grasswire
(50,130 posts)sounds like the Judge sees the ship sinking to me...
peace, kp
Baitball Blogger
(46,574 posts)neverforget
(9,433 posts)The NSA and all intelligence agencies need to have rigorous oversight unlike now.
dkf
(37,305 posts)sabrina 1
(62,325 posts)oversees what the NSA is doing'.
Guess we don't. The 'Left' whiners, racists, Paulbots, purists or whatever else they've been called, were right once again.
Never trust secret courts, secret warrants, secret kill lists etc. In the end when the 'secrets' are revealed, we find out why they had to be so secret and usually it's no good.
Th1onein
(8,514 posts)it's no good."
Amen to that Sabrina 1! They keep it all secret, "for our own good," and then when we find out, it always turns out to be for THEIR own good.
rug
(82,333 posts)http://mobile.reuters.com/article/politicsNews/idUSTRE57I5ZZ20090819
I can only imagine what these warrant applications look like.
ProSense
(116,464 posts)"The Chief Judge of Secret FISA Court Admits In Written Statement That It Cannot Properly Oversee NSA"
...Blumenthal's bill comes in.
Blumenthal Introduced Senate Legislation Last Week To Provide For Adversarial Process
Friday, August 9, 2013
(Hartford, CT) Today, U.S. Senator Richard Blumenthal (D-Conn.) issued the following statement after President Obama announced the he would support appointing a special advocate to the FISA courts to argue on behalf of the right to privacy and other individual rights of the American people. Recently, Blumenthal introduced the FISA Court Reform Act of 2013 , which would create such an advocate.
I am tremendously pleased to hear President Obamas support for appointing a special advocate to the FISA courts, an idea that is at the heart of legislation I introduced last week. Recent revelations about the size and scope of the nations foreign surveillance activities prove once again that the Constitution needs a zealous advocate. My legislation would empower such an advocate to protect precious Constitutional rights if threatened by government overreaching, and thereby strike a critical balance that serves the interests of both liberty and security. The Special Advocates client would be the Constitution and the individual rights of the American people. President Obamas endorsement of this general framework today is a strong step in the right direction.
As a skilled lawyer, President Obama knows that courts commonly make better decisions when they hear both sides. His support for this commonsense concept should give this cause compelling momentum. His statement reflects that he's receptive to reforms that make the FISA court more open and accountable more like other federal courts and less like a secret court, making secret law through secret opinions.
http://www.blumenthal.senate.gov/newsroom/press/release/blumenthal-applauds-president-obamas-support-for-special-advocate-in-fisa-courts
Blumenthal Unveils Major Legislation To Reform FISA Courts
http://www.democraticunderground.com/10023388210
Critics react to Obama's proposed surveillance reforms
http://www.democraticunderground.com/10023462757
ACLU: NSA Legislation Since the Leaks Began
http://www.democraticunderground.com/10023469450
AZ Progressive
(3,411 posts)We need the support of the House of Representatives to pass any legislation.
ProSense
(116,464 posts)nothing?
Congress is going to have to address these issues or nothing will change.
KittyWampus
(55,894 posts)Or am I wrong.
Cause it sounds like this judge is saying we have no control of what happens after we approve warrants.
He is talking about 'noncompliance' which would be Congress's job to oversee and investigate.
KittyWampus
(55,894 posts)Melinda
(5,465 posts)ohheckyeah
(9,314 posts)Many of us called bullshit on the FISA Court oversight only to be told we were paranoid.
caseymoz
(5,763 posts)that Congressional oversight has been similarly ineffective.
Besides that point, I agree with the posters above.
Response to KittyWampus (Reply #19)
nenagh This message was self-deleted by its author.
quakerboy
(13,901 posts)Im betting their corporate masters have spies on their spies. But we the people sure as hell dont.
DirkGently
(12,151 posts)ohheckyeah
(9,314 posts)surprise.
How many times was it said here that there was nothing to worry about because the FISA Court was overseeing things. LOL
What's next? It's all the fault of the Congress?
Coyotl
(15,262 posts)On edit: This is equivalent to not having police, just a check in door at the prison for those who violate laws.
Waiting For Everyman
(9,385 posts)Great.
kpete
(71,900 posts)correct
peace, kp
muriel_volestrangler
(101,150 posts)I mean, they have their ex-vice president installed as DNI, especially to keep careful control of the NSA. Surely we can totally trust a private company, majority owned by a hedge fund, to only do what is completely constitutional, moral, and for the good of the USA, rather than, say, its own profit?