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Domestic Spying Program to Get Judicial Oversight

Alchemist253 writes "The U.S. Justice Department has consented to court oversight (albeit via a secret court) of the controversial domestic wiretapping program (the "Terrorist Surveillance Program") previously discussed at length on Slashdot. From the article, "[oversight] authority has been given to the Foreign Intelligence Surveillance Court and [it] already has approved one request for monitoring the communications of a person believed to be linked to al Qaeda or an associated terror group.""

3 of 151 comments (clear)

  1. So it was 100% legal before ... by khasim · · Score: 5, Insightful

    ... but with a different Congress ... suddenly it's going back to the court with warrants and everything?

    Makes you kind of wonder how "legal" it was in the first place. And whether this is just an attempt to avoid an investigation.

    1. Re:So it was 100% legal before ... by mrogers · · Score: 5, Insightful

      By backing down they don't just avoid an investigation, they avoid testing the legality of the program. That could be useful if they want to reinstate the program under the next Congress. But more importantly, the claims about wartime Presidential powers that were used to justify the wiretapping program are still being used to justify other questionably legal actions (perhaps even including the covert expansion of the Iraq war into Iran and Syria). The administration wants to avoid a direct court battle over those powers, and by backing down over the wiretapping program it's hoping to pacify Congress without establishing any precedents.

  2. Not good enough by schwaang · · Score: 5, Insightful

    1. It sounds like they won't be pulling NSA cables out of the AT&T (and other) facilities. They're just claiming to use them under FISA now. This wired blog raises some interesting questions about this.
    2. During Attorney General Gonzales' previous congressional testimony on this topic, he was very careful and lawerly in asserting that his statements only applied to the program under discussion, that is the "Terrorist Surveillance Program". The clear implication is that there are other programs besides TSP which have not seen the light of day.

    In short, don't let this stop the oversight hearings.