
Warrantless wiretapping by the National Security Agency began as a Bush-era program in October 2001; in 2008, the government essentially allowed the practice in the FISA Amendments Act. The same year, the Electronic Frontier Foundation filed lawsuits challenging the surveillance.
At a hearing today in San Francisco federal court, the debate over whether NSA can continue its practices heated up again. Under questioning from US District Judge Jeffrey White, EFF and government lawyers sparred about how the case should move forward, or if it can at all. The Department of Justice argues the case can’t move forward—at all—without violating the “state secrets privilege.”
(Source: Ars Technica)
(Source: Ars Technica)
Senators Wyden and Udall said they were “particularly concerned about a loophole in the law that could allow the government to effectively conduct warrantless searches for Americans’ communications.”
Obama Administration To Argue In Court That They Can Spy On Americans With Impunity
The Obama administration is set to argue to a federal appeals court Friday that the government may breach, with impunity, domestic spying laws adopted in the wake of President Richard M. Nixon’s Watergate scandal.
The case tests whether Americans may seek recourse or monetary damages when a sitting U.S. president bypasses Congress’s ban on warrantless spying on Americans — in this instance when President George W. Bush authorized his secret, warrantless domestic spying program in the aftermath of the September 2001 terror attacks.
The government appealed to the 9th U.S. Circuit Court of Appeals, and arguments before a three-judge panel are set to be heard in Pasadena, California, this Friday.
Congress, with the vote of President Barack Obama — who was an Illinois senator at the time — subsequently legalized much of the warrantless spying in the summer of 2008. The legislation also provided the nation’s telecommunication companies immunity from lawsuits accusing them of being complicit with the government’s warrantless wiretapping.
The Obama Administration claims said it cannot be held liable under the Foreign Intelligence Surveillance Act*, and that Congress has not waived sovereign immunity — meaning the government has not consented to being sued for breaching its own laws.
Few Americans know how, when and why government agents monitor their phone calls and email accounts, and that might not change anytime soon. On Thursday, discussions began in Washington about renewing the Foreign Intelligence Surveillance Act.
Since last amended in 2008, the Foreign Intelligence Surveillance Act, or FISA, has received very little publicity. The reason by-and-large is that even the elected lawmakers chosen to represent the American people aren’t kept privy on the government’s use of some problematic provisions within the bill. Under certain FISA act amendments (FAAs), the US National Security Agency is allowed to listen in on any correspondence that exits America that is meant for ears abroad, either by phone, email or other. And although US President Barack Obama said he’d abolish some of those dangerous laws while campaigning in 2008, Congress is currently in the midst of considering renewing FISA for another few years.
If this week’s arguments against FISA prove to be futile, the federal government will once more be authorized a blanketing approval to investigate anyone they want, without a warrant. The Senate Intelligence Committee voted 13-2 last week to allow for Congress to hear arguments for a five-year extension. A sticking point among many opponents of the act, though, is that even lawmakers aren’t allowed insider access to the agency’s program.
The Electronic Frontier Foundation, a DC-based watchdog group that advocates for Internet freedoms, reported live from Thursday morning’s FISA amendment arguments from Capitol Hill. According to the foundation, testimonies from congressmen and private sector opponents of FISA alike were introduced during the hearing and might help lawmakers reconsider the powers they current bestow in the NSA.
“Why can’t we know how many people are affected by FISA amendment act in the US? This kind of vagueness creates suspicions,” the EFF quotes Rep. John Conyers (D-Michigan). Even before Thursday’s hearing, however, Rep. Conyers has adamantly opposed a FISA renewal.
Guys, encrypt EVERYTHING.