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FISA Court Will Release More Opinions Because of Snowden

cold fjord sends this news from the Washington Post: "Call it the Edward Snowden effect: Citing the former NSA contractor, a federal judge has ordered the government to declassify more reports from the secret Foreign Intelligence Surveillance Court. In an opinion from the FISC itself, Judge F. Dennis Saylor on Friday told the White House to declassify all the legal opinions relating to Section 215 of the Patriot Act written after May 2011 that aren't already the subject of FOIA litigation. The court ruled (PDF) that the White House must identify the opinions in question by Oct. 4. 'The unauthorized disclosure of in June 2013 of a Section 215 order, and government statements in response to that disclosure, have engendered considerable public interest and debate about Section 215,' wrote Saylor. 'Publication of FISC opinions relating to this opinion would contribute to an informed debate.' The ruling comes in response to a petition by the American Civil Liberties Union seeking greater government transparency. But because the ACLU already has a similar FOIA case pending in another court, Saylor wrote that the new FISC order can only cover documents that don't relate to that case." Director of National Intelligence James Clapper said that Snowden's information leaks started conversations that should have happened a long time ago. Also, the privacy reform panel created by President Obama met for the first time earlier this week. It did not discuss the NSA's surveillance activities. [Two attendees of the Monday meeting said the discussion was dominated by the interests of major technology firms, and the session did not address making any substantive changes to the controversial mass collection of Americans' phone data and foreigners' internet communications, which can include conversations with Americans."

17 of 179 comments (clear)

  1. Obama needs to pardon Snowden by Anonymous Coward · · Score: 5, Insightful

    'nuff said.

    1. Re:Obama needs to pardon Snowden by Anonymous Coward · · Score: 5, Informative

      Congress needs to impeach Obama.

      Who do you think gave the Executive branch (NSA is part of that) the power via the Patriot Act to do this horseshit?

      And you do honestly think it was the Obama Administration who got this shit going?

      And don't get me started on why Obama kept it going, though, because I'll be vomiting "Hope And Change".

    2. Re:Obama needs to pardon Snowden by rolfwind · · Score: 5, Insightful

      just look to George W. Bush for guidance

      Please don't.

      Just pardon him and stop wasting government time and taxpayer money and frivolous dog and pony shows.

    3. Re:Obama needs to pardon Snowden by FridayBob · · Score: 4, Insightful

      Although I voted for him twice, I agree. Since 2008 he has become less like the man of hope that was first voted into office and more like the man he replaced. In some ways, he's even worse. However, Congress will never impeach him, because as far as his impeachable offenses are concerned, the majority on both sides of the isle actually approves of that behavior. They are two sides of the same coin, working only for their donors while they play good cop/bad cop with the rest of us. The only solution I know of is: http://www.wolf-pac.com/

    4. Re:Obama needs to pardon Snowden by allo · · Score: 5, Insightful

      why the fuck, does every american citizen say, that surveilance is okay, when its sure, that no american citizens are targeted? Are you really that hostile to foreigners? Here in germany, everyone against surveilance, is against surveilance everywhere. We hate your oppressive laws as much as ours.

    5. Re:Obama needs to pardon Snowden by ThatAblaze · · Score: 5, Informative

      why the fump, does every american citizen say, that surveilance is okay when no american citizens are targeted? Are you really that hostile to foreigners? Here in germany, everyone against surveilance, is against surveilance everywhere. We hate your oppressive laws as much as ours.

      Most of us americans who are against surveillance are against it everywhere. However, fighting against surveillance locally is currently the "low hanging fruit," especially since doing so was specifically prohibited by the law that all the agencies cite.

      Also, as cynical as it sounds, spying on citizens violates our constitutional rights, while non-citizens don't have constitutional rights. So it's just an easier point to make.

    6. Re:Obama needs to pardon Snowden by vux984 · · Score: 4, Insightful

      while non-citizens don't have constitutional rights.

      The constitution clearly differentiates between persons and citizens, and the majority of the constitution and bill of rights applies to persons.

      Only select elements are limited to citizens.. some sections even refer to both such as "No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the united states."

      The constitution, for the most part applies to all persons. It is a travesty that anyone thinks otherwise.

      Naturally US law only applies within the US, but that means at the very least foreigners on united states soil or on united states controlled territory *cough*gitmo*cough* should have the full protection of the constitution.

      And as to foreigners outside the US, that's more complicated. But at the very least tapping communications between any party on US soil and a party in a foreign state is violating the constitutional rights of the party on US soil, even if we don't assign any rights to the foreign party.

    7. Re:Obama needs to pardon Snowden by jschrod · · Score: 5, Interesting
      The difference: We fight it, you don't.

      You may lump as all together as Nazis; but we fight Nazis here, in Germany. We have them, but we do something against them. We could do more, but many citizens -- and that's the majority of people -- work hard to make these tendencies a non-issue for federal politics.

      Whereas, you -- well, you have a government that doesn't bring an action against its officials who lied before congress, doesn't bring an action against its sworn officers who have knowingly decided to breach the law. Instead, it prosecutes the people who defend your constitution. You allowed the government to comandeer private resources, an action that is constitutionally only allowed in war time. And worse -- you don't care about it. Your press calls to suppress freedom of press and there's no outcry about it.

      You voted them in, Bush and Obama, and you knew what you were doing.

      You, the U.S.A., returns to behaviour of the 50s -- concentration camps like the Japanese citizens, or like Guantanamo, witch hunts like McCarthy, power without checks-and-balances. You think J. Edgar Hoover was bad, and it got over when he died? Well, Keith Alexander is worse. He should be the American darkest nightdream -- but he isn't. He is beyond the law now and can do like he wish, he is the living proove that you are neither willing to care for your republic nor for your democracy. And you will not get rid of his heritage, because he's much more intelligent than Hoover ever was.

      There was a time when the U.S.A. was revered for their spirit, for their strive for justice and freedom. Well, these days are long over. People like Keith Alexander and others destroyed this spirit, and you -- the people of the U.S.A. -- didn't fight it.

      Shame on you.

      --

      Joachim

      People don't write Manifestos any more -- what's going on in this world? [Frank Zappa]

  2. Dear Edward, by Anonymous Coward · · Score: 5, Insightful

    Thank you for your service.

  3. Public interest by markdavis · · Score: 5, Insightful

    >" 'The unauthorized disclosure of in June 2013 of a Section 215 order, and government statements in response to that disclosure, have engendered considerable public interest and debate about Section 215,' "

    Well, yeah, amazing isn't it? That is the way a democracy is SUPPOSED to work. It DOESN'T work properly when tons of things are all held in secret.

    I suspect that at least half what is currently kept secret from the public is unnecessarily secret. And probably much more than half of what is left could at least be shared with Congress committees.

    1. Re:Public interest by mcgrew · · Score: 4, Insightful

      I suspect that at least half what is currently kept secret from the public is unnecessarily secret. And probably much more than half of what is left could at least be shared with Congress committees.

      Congress, all of it, and the Senate, too, should be informed of what the executive branch does. Withholding information about the government itself from legislators is irrational.

  4. Interesting how he claims we should be by Anonymous Coward · · Score: 4, Insightful

    having these conversations (referring to Clapper) when he was the one actively LYING about the extent of activities under his jurisdiction.

    So: We should be having these conversations, but I actively lied about it to avoid having these conversations.

    My general experience is when people are lying about things in response to very direct questions, they're usually doing it to hide activities that they know they shouldn't be doing.

  5. Compartmentalize by Anonymous Coward · · Score: 5, Insightful

    General Alexander's games only work because he can tell one story to one group of people, and another story to another.

    The 5 eye allies get to see intelligence from abroad and don't see the surveillance of their own people, their companies and their politicians, and so think they are 'special', not spied up, protected and private, even as they spy on their own people for the NSA.

    The FISA court was told stories about how NSA was using its warrants and how essential those warrants were. I suspect FISC never authorized storage of everything. Rather it probably authorized collection of everything, filtering out just the terrorist related and storing of that. But once General Alexander had access to all the data, he didn't need to throw it away, because FISC would never know he kept it and who is powerful enough to stop him?

    Dianne Feinstein, seems to have been told all manner of court orders are needed and the data has never been abused (she said it as though she believed it). Perhaps she was shown snippets of terrorist info, and the occasional tip about her political rivals, but never shown her own record, or all the abuse of data stories, or the surveillance of ordinary Americans for reasons other than terrorism.

    Obama was told all sorts of warrants are needed, and kept talking about telephone calls, as if that was the limit of the surveillance. To tap a US telephone, its done by computer request, and apparently a very large portion of US calls are routinely recorded without a warrant. They only need a warrant if they decide they need a warrant after listening and concluding both parties are American. But who would know if they didn't flag it? No one. General Alexander says only 300 selectors in 2012 were searched, yet the NSA 'auditor' says 20 million searches a month against the big database.

    David Cameron was probably told only the terrorist data is filtered out of the UK feed and then the rest thrown away. But it isn't, it's kept and handed to Israel on presumably others. Used for commercial and political surveillance, there's no special relationship with 5 eyes, only 4 idiots deluding themselves and betraying their countries.

    DEA thinks it's given hot tips in secret, which is why it needs to cover up the source, in reality it could well be party to falsify a crime, or covering an entrapment, or coercion. Who knows!? Because the evidence is never examined, instead a false cover story is examined in court.

    Each party thinks THEY are not being spied on and only get to see OTHER people's data. General Alexander plays a very compartmentalized game to keep it so. As the FISC court saw the leaks, so it see that the FISA warrants don't correspond to the reality and want them released.

    If you've done nothing wrong you have nothing to hide. But 'wrong' in the free world is supposed to mean 'illegal' not 'upset someone powerful'. The courts are there to protect people and if they did that, and the NSA ignored the court and did its own thing, then its time we knew. FISC court is happy to let people see what it authorized, so let see how the reality and the warrants correspond.

  6. Not really by Arker · · Score: 4, Insightful

    Obama is hardly going to pardon someone that outed his own criminal behaviour.

    But what should be happening is a special prosecutor. Snowden would be easy to get back in the country, just give him immunity. I am sure he would be happy to come back and testify in a real court about the crimes he has knowledge of.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  7. I'm shocked, shocked! by Black+Parrot · · Score: 4, Interesting

    Two attendees of the Monday meeting said the discussion was dominated by the interests of major technology firms

    Fancy that.

    --
    Sheesh, evil *and* a jerk. -- Jade
  8. No Credibility by The_Star_Child · · Score: 4, Insightful

    The problem is that the government has no credibility. How do we know what they release are the real documents? And they can still [redact] it to the point of uselessness.

  9. Re:Prosecute, convict, and imprison him first. by Smallpond · · Score: 4, Insightful

    After Snowden's in prison, do the same to those whom have aided and abetted the release of such information - including those at the Washington Post(if the NSA does its job right, that newspaper should have wished that it had done the right thing by not publishing national secrets).

    Given the evidence that he not only broke his trust to keep secrets, he also did so in a manner that harms this country entirely. If there should be any pardons and praise, they are to be reserved for anyone who may be prosecuted in bringing Snowden to justice. In addition, reward and protect them from any retaliation that may occur from any Snowden fanatics.

    Of course, this won't all go well with those that worship Snowden as some idol and not rightfully consider him as a betrayer of one's country. However, I do not recognize any value in destroying the country or ensuring that it cannot protect itself from threats within and without.

    Harmed the country or harmed the Administration? Which is the greater harm: revealing to our enemies that they are being spied on or hiding from every American that they are being spied on?