Comment

A Great NYT Piece on FISA Courts and the NSA

149
Charles Johnson7/07/2013 5:20:58 pm PDT

re: #143 Heywood Jabloeme

HSG - read the article. Everyone that makes a phone call in the US is effected by what the “FISA court does”. The artcle says that the NSA relies on a FISA ruling to allow it to collect Metadata. I know that you denied the fact that this gives the ACLU standing to sue but MOST experts disagree.

That’s not what the article says at all. Quote:

In the past, that probably would have required a court warrant because the suspicious e-mail involved American communications. In this case, however, a little-noticed provision in a 2008 law, expanding the definition of “foreign intelligence” to include “weapons of mass destruction,” was used to justify access to the message.

The court’s use of that language has allowed intelligence officials to get wider access to data and communications that they believe may be linked to nuclear proliferation, the officials said. They added that other secret findings had eased access to data on espionage, cyberattacks and other possible threats connected to foreign intelligence.

“The definition of ‘foreign intelligence’ is very broad,” another former intelligence official said in an interview. “An espionage target, a nuclear proliferation target, that all falls within FISA, and the court has signed off on that.”

The FISA court has broadened the definition of foreign intelligence. They have NOT broadened it to include “everyone that makes a phone call in the US.”