FISC Orders on Illegal Government Surveillance
EFF has sued the Department of Justice (DOJ), demanding answers about illegal email and telephone call surveillance at the National Security Agency (NSA).
The FISA Amendments Act (FAA) of 2008 gave the NSA expansive power to spy on Americans’ international email and telephone calls. However, last month, a government lawyer publicly disclosed that the NSA’s surveillance had gone even further than what the law permits, with the Foreign Intelligence Surveillance Court (FISC) issuing at least one ruling calling the NSA’s actions unconstitutional. The government further disclosed that the FISC had determined the government’s surveillance violated the spirit of the law on at least one occasion, as well. EFF’s Freedom of Information Act (FOIA) lawsuit seeks disclosure of any written opinions or orders from FISC discussing illegal government surveillance, as well as any briefings to Congress about those violations.
Updates
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The government recently declassified a secret letter, written in 2002 laying out the executive branch’s initial legal justifications for the vast expansion of electronic surveillance after September 11, 2001. Like many others, it was written by former DOJ Office of Legal Counsel attorney John Yoo, and it was directed...
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UPDATE: Late tonight, the government released to EFF the "Raw Take" opinion and the 2008 FAA opinion, described below. Those opinions are available here (pdf) and here (pdf). We are reviewing the documents and will post our analysis, along with other documents released by the government, shortly.
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Update: The government released two new FISC opinions this evening, both of which concern the transition of NSA surveillance to the oversight of the FISC in 2007. Neither of the two documents, available here and here, is the Raw Take order or the 2008 FAA order. The government...
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San Francisco - In a continuing campaign to uncover the government's secret interpretations of the surveillance laws underlying the National Security Agency (NSA)'s spying programs, the Electronic Frontier Foundation (EFF) today filed another lawsuit against the Department of Justice, demanding that the government hand over key Foreign Intelligence Surveillance Court...
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In a single year, the public learned more information about the NSA and its global surveillance dragnet than we learned during the previous 30 years combined. Much of that knowledge can be attributed to whistleblower Edward Snowden and the journalists tirelessly working to inform the public about the NSA’s surveillance...
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