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Secret Court: Government Lied to Get Wiretaps Approved

Paersona writes "Ever wonder what Colleen Kollar-Kotelly is doing to pass the time while she waits for the next step in the Microsoft case? Apparently she is now serving as the lead justice of the FISA court that oversees intelligence agencies' requests for domestic wiretapping. Today, the Washington Post reveals that the FISA court has released a rare public report rebuking the FBI and Justice Department for their handling of wiretap requests." The New York Times also has a story about the FISA court. The court's opinion is available.

12 of 373 comments (clear)

  1. For perspective... by chill · · Score: 5, Informative

    More wiretap requets were approved under the Clinton administration (8 years) than under the Reagan and Bush (the first) combined (12 years).

    Reagan's excuse was the War on Communism. Clinton's was the War on Drugs. GW's is going to be the War on Terrorism.

    BTW, we *ARE* talking about wiretaps on U.S. citizens and on U.S. soil. The CIA has jurisdiction for foreign nationals and there is a much less stringent procedure. (i.e. -- insert tape, push "record")

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:For perspective... by Dr_Marvin_Monroe · · Score: 5, Insightful

      Your response falls under the general "you have nothing to worry about if you've done nothing wrong" category. This type of thinking only works until they come for you....

      While it may be true that you and most of the people here on Slashdot are not really interesting enough for the government to spy on, "Big Brother" has a tendency to single out cases not so much by merit, but by image. Our "Lawyer General" John Ashcroft is especially good at rounding up the "usual" suspects and framing everything as a "Terrorist" issue.......with all of Congress's pressure, it won't be too long before P2P users are going to be "Terrorists." What's driving this you ask? Re-election my friend, all of our congress critters are looking for photo-op's and any way to show that they are "tough on crime," that only they could solve the problem of terror/drugs/comunism/boogie-man.

      Have you read the FBI memo? Zackarias M's laptop didn't get searched because the management at the FBI would not pass forward the search request. The management even changed/watered down the request, against the wishes of the field agent who was conducting the investigation! There was no need for new, more invasive laws, those (the managers at the FBI)people simply needed to do their jobs! Do yourself a favor and look up the FBI memo. Read it. What you will see is a picture of an agency that doesn't need more approval to wiretap, but an agency that needs to have all of the "careerists" fired.

      I don't trust these people (Ashcroft, FISA, FBI/CIA) any farther than I can throw them. They are hypocrites. They are only seeking power and control. They are driven by the same motivations that all humans are, and that's exactly why I don't trust them.

      I believe that this "Terror" issue would dissapear around the world if we as the USA simply started practicing what we preach. We push this idea of a "Moral and tolorant society, governed by law and fairness"....we would do better to start acting that way. We need to stop helping dictators around the world, and start promoting justice. Even if that means we don't make quite so much money.

      Picking the "lesser of two evils" is still picking evil!

  2. Re:News for Nerds? by DonFinch · · Score: 5, Insightful

    If you understood the announcement of the FISA court you would understand this has everything to do with YRO. I imagne it wouldn't be a big step to go from phone tapping to packet sniffing, and the DOJ could say you are a suspected terrorist, monitor you, then send your name, address, phone number, penis size, whatever, to the FBI for criminal charges (got any MP3's to a CD you dont own, legally thats felony copyright infringement) with not warrant. Get it now? People should be EXTREMLY pissed off about this.

    --
    -- Insert wisdom here:
  3. Amazingly enough... by gilroy · · Score: 5, Insightful
    ... this shows that the rule of law is not dead in the United States, despite previous appearances. It's some of the best legal news since 9/11 -- not that the FBI overstepped its bounds (which could be expected) but that a court preemptively slapped them down for it.


    Sometimes I feel that the federal judiciary is the only place that "gets it" about fundamental American rights and legal traditions. Then, of course, I think of Judge Kaplan and I get depressed again.

  4. Non-NYTimes story Links by uncleFester · · Score: 5, Informative

    Found these via Drudge...

    Special Court Rejects Ashcroft Rules and Secret Court Rebuffs Ashcroft (related to the main story).

    And from the second story... "The department discovered the misrepresentations and reported them to the FISA court beginning in 2000.".. which means the improper actions occured before 2000.. i.e. Before Bush. So Bush/Ashcroft are not responsible for those infractions.

    Having said that (and despite being a conservative), I do hope these revalations reign in some of the trampling of civil liberties Ashcroft/Bush are considering. I fully understand their desire to fight terrorism, and I understand some liberties we were used to in the past may be crimped in the process. But eliminated? Virtually removed? A number of their proposals (and some things currently put in place) are simply troubling and I hope this is a wake-up call they cannot simply trample over the Constitution in the name of protecting the public. Freedom is not without its risks, either to those who defend it or the society which enjoys it. We all simply need to be aware of that risk and vigilant in our own way to insure we don't lose our freedom to either the terrorist, the criminal or our own government.

    (and no, I don't get my music via gnutella either)

    -'fester

    --
    -'fester
    1. Re:Non-NYTimes story Links by j3110 · · Score: 5, Insightful

      > before 2000

      What do you smoke? well, maybe you actually missed it, but in that first link, it states that the court was upset with how the FBI acted in about 75 cases occuring in 2000 and 2001, not before 2000. Just because a good guy in the mix pointed it quickly, doesn't mean that all the abuse occured before the investigation began. Why is it that everyone is eager to blame the problem on someone else? The FBI is historically corrupt. That's why people don't like the Patriot ACT. Hoover abused his power as the head of the FBI, and no one trusts them til this day. After this ruling, we now know it's for good reason. They use any means available to them whether it's ammoral, unethical, or even illegal for their own agenda.

      --
      Karma Clown
  5. The System Works? by jweb · · Score: 5, Insightful

    "We believe the court's action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us," the Justice Department said in a statement.

    So, in other words, Congress (Legislative Branch) attempted to give additional (unconstitutional?) power to the Justice Department (Executive Branch), and this power was taken away by the court (Judicial Branch). Apparently the system, corrupt and ineffective though it may be, actually DOES work sometimes.

    Now, if only we can get the DMCA overturned.....

    --

    Think For Yourself. Question Authority.
  6. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  7. Gee, the system might work... by pease1 · · Score: 5, Insightful
    I seem to remember slashdot reporting on FISA a few months back and the out cry on /. was that unless procedings were all public, the court was just a rubber stamp for the Justice Dept.

    Guess that hasn't been the case.

    Refreshing.

  8. ..for all those that say "no big deal"... by presearch · · Score: 5, Insightful
    from Orwell:
    "By comparison with that existing
    today, all the tyrannies of the past were half-hearted and
    inefficient. The ruling groups were always infected to some
    extent by liberal ideas, and were content to leave loose ends
    everywhere, to regard only the overt act and to be uninterested
    in what their subjects were thinking. Even the Catholic Church
    of the Middle Ages was tolerant by modern standards. Part of
    the reason for this was that in the past no government had the
    power to keep its citizens under constant surveillance. The
    invention of print, however, made it easier to manipulate
    public opinion, and the film and the radio carried the process
    further. With the development of television, and the technical
    advance which made it possible to receive and transmit
    simultaneously on the same instrument, private life came to an
    end. Every citizen, or at least every citizen important enough
    to be worth watching, could be kept for twentyfour hours a day
    under the eyes of the police and in the sound of official
    propaganda, with all other channels of communication closed.
    The possibility of enforcing not only complete obedience to the
    will of the State, but complete uniformity of opinion on all
    subjects, now existed for the first time."


    "All the beliefs, habits, tastes, emotions, mental
    attitudes that characterize our time are really designed to
    sustain the mystique of the Party and prevent the true nature
    of present-day society from being perceived. Physical
    rebellion, or any preliminary move towards rebellion, is at
    present not possible. From the proletarians nothing is to be
    feared. Left to themselves, they will continue from generation
    to generation and from century to century, working, breeding,
    and dying, not only without any impulse to rebel, but without
    the power of grasping that the world could be other than it is.
    They could only become dangerous if the advance of industrial
    technique made it necessary to educate them more highly; but,
    since military and commercial rivalry are no longer important,
    the level of popu lar education is actually declining. What
    opinions the masses hold, or do not hold, is looked on as a
    matter of indifference. They can be granted intellectual
    liberty because they have no intellect. In a Party member, on
    the other hand, not even the smallest deviation of opinion on
    the most unimportant subject can be tolerated."

  9. Re:Slashdot should interview Colleen Kollar-Kotell by Rogerborg · · Score: 5, Funny

    She's an Capricorn, a natural blond with a GSOH, and her turns ons include long moonlit walks, back rubs, and putting the fear of god into arrogant, power abusing men.

    --
    If you were blocking sigs, you wouldn't have to read this.
  10. Re:Get some PRIORITIES! by Melantha_Bacchae · · Score: 5, Insightful

    An AC wrote:

    > The worst terrorist attack in recorded history
    > occurred nearly a year ago,

    Worst terrorist attack, yes. But no where near what it could have been. Nearly three thousand died. Many more were wounded. But in a tower complex that could have had up to 50,000 people in it, it is clear that the terrorist attack is only part of the story. The other part is the wisdom, courage and compassion of those who sacrified themselves, those who died in the line of duty, and ordinary people who helped each other. That part worked a shining miracle, saving tens of thousands. Those noble, heroic hearts put those heartless monsters to shame!

    > followed by a Holy War against Islam,

    9/11 had nothing to do with Islam. Since we are talking about the *World* Trade Center, you might keep in mind that good followers of Islam were murdered that day as well. That isn't Allah that Bin Laden is following. I don't care who he thinks his boss is, or how many Islamic poems he mutters. I'm sure Azi Dahaka gets a big kick out of being called "Allah" though. Right up there with "Great Devil that comes from the Sky" and Nostradamus's little nickname "King of Terror".

    > and now Israel and the Palestinians as well as
    > India and Pakistan are teetering on the brink of
    > their own war,

    Which is a really novel experience for them. Not.

    > Argentina is in the midst of a financial crisis,

    Yes, I know. My sympathies. Most of the world is having some kind of economic problems.

    > America is considering launching attacks against
    > Somalia and Iraq,

    I've got a unique idea: how about we take down the Al Quada organization in all 60 countries before we add new enemies to our plate. But no, we must go after Saddam at all costs because he is using the "weapons of mass destruction" we gave him on an ethnic minority inside Iraq (kinda brings back memories of the Old West and those smallpox blankets). If there was honest hope of helping the Kurds, I might be more willing. But somehow I think any real humanitarian assistance is pretty far down on the list.

    > and you people have the gall to be discussing
    > the FISA court rebuking the FBI and Justice
    > Department????

    They need a good rebuking. Ashcroft needs to take the curtain off the statue of Justice and get reaquainted.

    > My *god*, people, GET SOME PRIORITIES!
    >
    > The bodies of the thousands of innocent
    > civilians who died (and will die) in these
    > unprecedented events could give a good god damn
    > about the FISA court rebuking the FBI and
    > Justice Department (and I'm sure if they were
    > still alive, they'd thank the wiretaps that
    > could have saved their lives), your childish
    > Lego models, your nerf toy guns and whining
    > about the lack of a "fun" workplace, your
    > Everquest/Diablo/D&D fixation, the latest Cowboy
    > Bebop rerun, or any of the other ways you are
    > "getting on with your life" (here's a hint:
    > watching Cowboy Bebop in your jammies and eating
    > a bowl of Shreddies is *not* "getting on with
    > your life"). The souls of the victims are
    > watching in horror as you people squander your
    > finite, precious time on this earth playing
    > video games!
    >
    > You people disgust me!

    You disgust me, if your solution is to sit around quaking in terror. I will not dishonor the memory of those people by bowing to the will of their murderers!!! They want us to be terrified. It is the terror, not the deaths, that is the key to the definition of the word "terrorist". Anyone who huddles up in fear, drags the flag around for a security blanket, or uses the terror of 9/11 to further their quest for tyranny is basically inviting the King of Terror to come and put up a throne for himself in Washington D.C.

    The terrorists took the right to Life away from people on 9/11. I will not surrender Liberty and Happiness too.

    "Lola, kindness is not enough, look for the reason of hatred and anger.
    When you find and understand that, love becomes the strongest power..."
    Belabera, "Mothra 3: King Ghidora Attacks"