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When FISA Court Rejects a Surveillance Request, the FBI Issues a NSL Instead

An anonymous reader writes We've talked quite a bit about National Security Letters (NSLs) and how the FBI/DOJ regularly abused them to get just about any information the government wanted with no oversight. As a form of an administrative subpoena -- with a built in gag-order -- NSLs are a great tool for the government to abuse the 4th Amendment. Recipients can't talk about them, and no court has to review/approve them. Yet they certainly look scary to most recipients who don't dare fight an NSL. That's part of the reason why at least one court found them unconstitutional. At the same time, we've also been talking plenty about Section 215 of the PATRIOT Act, which allows the DOJ/FBI (often working for the NSA) to go to the FISA Court and get rubberstamped court orders demanding certain 'business records.' As Ed Snowden revealed, these records requests can be as broad as basically 'all details on all calls.' But, since the FISA Court reviewed it, people insist it's legal. And, of course, the FISA Court has the reputation as a rubberstamp for a reason — it almost never turns down a request. However, in the rare instances where it does, apparently, the DOJ doesn't really care, knowing that it can just issue an NSL instead and get the same information. At least that appears to be what the DOJ quietly admitted to doing in a now declassified Inspector General's report from 2008."

7 of 119 comments (clear)

  1. LOL by Anonymous Coward · · Score: 5, Insightful

    It's good we elected Obama who has made sure to bring us "Hope and Change". It's good to know we elected someone who has limited and stopped all the abuses from the Bush era. Just imagine if he had just lied to us and instead simple extended and expanded these abuses of his predecessors. Hopefully we will get a constitutional amendment passed so we can vote our Glorious Leader in for a third term.

    1. Re:LOL by Todd+Palin · · Score: 5, Insightful

      FYI: Senator Obama voted for the FISA act before he became president. So, really, he was on record opposing citizens rights to due process way early on. It should not be a surprise to anyone that his administration has continued to work to bypass the constitution wherever it seemed necessary (to them, for whatever reasons).

  2. Obama is not the only rogue guy in the government by Taco+Cowboy · · Score: 5, Insightful

    Obama alone can't turn the entire government of the United States of America rogue

    He has a lot of help from the inside --- people whose sole aim is to turn America into a police state

    The bad news is, the government of the United States of America is out of control

    The worse news is, we have NO ONE to reign in the government of the United States of America

    And that is not enough, the ABSOLUTELY WORST NEWS is, too many of the American citizens have turned into sheeples, and never care how their government functions nor how bad it has turned into

    --
    Muchas Gracias, Señor Edward Snowden !
  3. Re:The FISA court turned down a request? by Anonymous Coward · · Score: 5, Insightful

    I can't believe any FISA request was ever turned down. Basically, I thought the purpose of the FISA act was to suspend the constitution. What went wrong?

    We did. We voted for politicians - R and D alike - who promised to keep us safe, rather than those who would keep us free. Everyone who ever said "if it saves one child..." or "but what about the terrorists trying to kill us..." gave the politicians the power to restructure the laws, and gave the bureaucracy the excuse it was looking for to institutionalize the process.

    Happy New Year, America. You voted for this. You re-elected the people who brought you this. Every year for fourteen years after 9/11 scared you into cowardice. And you'll keep on re-electing them, because from this point forward, a generation has come of age that thinks of pre-9/11 America as ancient history.

  4. Not that I have anything to worry about but by hEpen · · Score: 5, Interesting

    If I received a NSL and I were in the mind to ignore it to whom should that hypothetical me send that NSL to in order to get maximum press coverage before being shuffled off to prison?

    Would a NBC or a CNN publish it?

    1. Re:Not that I have anything to worry about but by Anonymous Coward · · Score: 5, Informative

      [...] before being shuffled off to prison?

      This part sounds strange. Can it happen without trial and sentence? If not, how is the proceeding for that?

      Apparently you missed Obama signing the NDAA a few years ago, quietly, on New Years Eve as a matter of fact.
      They can take you off to 'prison' without charge or trial, without access to a lawyer, and hold you 'indefinitely'.
      The 'proceeding' for that is simply an 'executive decision'.

  5. All of them by rickb928 · · Score: 5, Insightful

    We have to throw all of them out. All of them. And repeat until they do what they should.

    --
    deleting the extra space after periods so i can stay relevant, yeah.