Senator Ron Wyden, the unrelenting champion of transparency and opponent of secrecy,
revealed last July that:
Wyden has stated that on “at least one occasion” the Foreign
Intelligence Surveillance Court held that “some collection” carried out
under the revised law “was unreasonable under the Fourth Amendment.”
The
FISA Amendments Act allows the government to collect, inside the United
States and without a warrant, the communication of foreign targets
located abroad. Americans’ communications can be picked up if they are
talking to, or e-mailing, the foreign target. The communications are
gathered from commercial providers under a directive from senior
government officials, following court approval.
So what happened? If the DOJ has their way we'll never know, they are opposing making the breach public on "National Security" grounds. The
Electronic Frontier Foundation has filed a Freedom of Information Act request, but DOJ wants to block it.
David Sobel, an attorney for the Electronic Frontier Foundation, said
the government is playing “a shell game.” He noted that in 2007, when
the American Civil Liberties Union asked the surveillance court to
release a different opinion, the Justice Department argued that the
group should file an FOIA request to the department.
This
“DOJ-imposed Catch-22 blocks the public from knowing more about the
government’s illegal surveillance,” the group said in a statement.
In
a letter to Wyden last year, Kathleen Turner, director of legislative
affairs for the Office of the Director of National Intelligence, said
the government had “remedied” the surveillance court’s concerns.
Do you feel more secure now?
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