Let's talk about FISA and the FISA Amendment Act of 2008

[cali]

FISA became law in 1978.

http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act

It was supercharged in 2008:
http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act_of_1978_Amendments_Act_of_2008
<snip>


Provisions

Specifically, the Act:[19]

Prohibits the individual states from investigating, sanctioning of, or requiring disclosure by complicit telecoms or other persons.

Permits the government not to keep records of searches, and destroy existing records (it requires them to keep the records for a period of 10 years).

Protects telecommunications companies from lawsuits for "'past or future cooperation' with federal law enforcement authorities and will assist the intelligence community in determining the plans of terrorists". Immunity is given by a certification process, which can be overturned by a court on specific grounds.[20]

Removes requirements for detailed descriptions of the nature of information or property targeted by the surveillance if the target is reasonably believed to be outside the country.[20]

Increased the time for warrantless surveillance from 48 hours to 7 days, if the FISA court is notified and receives an application, specific officials sign the emergency notification, and relates to an American located outside of the United States with probable cause they are an agent of a foreign power. After 7 days, if the court denies or does not review the application, the information obtained cannot be offered as evidence. If the United States Attorney General believes the information shows threat of death or bodily harm, they can try to offer the information as evidence in future proceedings.[21]

Permits the Director of National Intelligence and the Attorney General to jointly authorize warrantless electronic surveillance, for one-year periods, targeted at a foreigner who is abroad. This provision will sunset on December 31, 2012.

Requires FISA court permission to target wiretaps at Americans who are overseas.

Requires government agencies to cease warranted surveillance of a targeted American who is abroad if said person enters the United States. (However, said surveillance may resume if it is reasonably believed that the person has left the States.)

Prohibits targeting a foreigner to eavesdrop on an American's calls or e-mails without court approval.[22]

Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.

Allows eavesdropping in emergencies without court approval, provided the government files required papers within a week.

Prohibits the government from invoking war powers or other authorities to supersede surveillance rules in the future.

Requires the Inspectors General of all intelligence agencies involved in the President's Surveillance Program to "complete a comprehensive review" and report within one year

<snip>

Almost all FISA requests are granted.

Is it a rubber stamp court? It's hard to see it as a court with legitimacy as its 1) process is completely secret and 2) There is never any opposition to requests and 3) The results are completely secret.

I don't know about you but the phrase "secret court" doesn't fill me with confidence.

[Laelth]

1. Useful summary. Thanks for posting. k&r n/t

-Laelth

[cali]

2. Hi, Laelth.

I forgot to add that these provisions were extended by a vote in December of 2012, thru 2016.

[Laelth]

4. Good morning.

Thanks for the bonus info.



-Laelth

[Recursion]

3. Yup. It's an awful law. Let's elect a Congress that will fix that. However...

... the way you posted that may give the impression that it allows surveillance of US Citizens inside the US, which is not true.

[ProSense]

5. Breaking

"I don't know about you but the phrase "secret court" doesn't fill me with confidence."

...people discover "secret court" that existed since 1he 1970s

Legislative history

Introduced in the Senate as S. 1566 by Edward Kennedy (D–MA) on May 18, 1977
Committee consideration by: Senate Select Committee on Intelligence, Committee on the Judiciary
Passed the Senate on March 20, 1978 (95-1)
Passed the House on September 7, 1978 (246-128)
Reported by the joint conference committee on October 5, 1978; agreed to by the Senate on October 9, 1978 (Without objection) and by the House on October 12, 1978 (226-176)
Signed into law by President Jimmy Carter on October 25, 1978

http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act

The Foreign Intelligence Surveillance Court (FISC) is a special U.S. federal court tasked with authorizing requests for surveillance both inside and outside the United States. Because of the sensitive nature of these requests, the FISC is a “secret court.” The FISC rulings, orders, and other deliberations are highly classified. The Court’s rulings can include substantive interpretations of the law that could be quite different from a plain reading of the law passed by Congress, and such interpretations determine the extent of the government’s surveillance authority. There is certainly information included in the Court’s orders and rulings that is necessarily classified, related to the sources and methods of collection used by intelligence agencies. However, the substantive legal interpretations of what the FISC says the law means should be made public.

Senators: End Secret Law
http://www.democraticunderground.com/10022993363

[cali]

6. no duh that it's been around since 1978. I make that fucking crystal clear in the OP

The 2008 amendments are not ancient history and furthermore, genius, the technology involved has changed just a wee bit since 1978.

[ProSense]

8. Yeah,

"The 2008 amendments are not ancient history and furthermore, genius, the technology involved has changed just a wee bit since 1978."

...breaking!

[cali]

9. yes, it's relevant and timely to discuss this.

your post is even lamer than usual. quite the accomplishment, prowhatever.

[ReRe]

7. The problem with the rule of law anymore...

K&R

... is that all laws are beginning to seem illegal.

We have secret laws, secret judges in secret courts, secret police, secret agencies, and secret on and on and on. David Brooks yesterday am in his NYTimes editorial used the term "open government." To me, he was implying that we have an open government and a secret or closed government. And he went as far as to infer that since Ed Snowden came out, then we will have LESS open government. WTF? Now we are going to have even MORE secrecy?

No, cali. I have absolutely no, zilch, nada, zip confidence in any of it.

If it's secret, they're hiding something. They are hiding so much from the American People.