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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWyden: NSA has not addressed concerns in the two years since the FISA ruling was issued.
Wyden Statement on Declassification of FISA Court Ruling on 4th Amendment Violations
Wednesday, August 21, 2013
Washington, D.C. U.S. Senator Ron Wyden (D-Ore.) issued the following statement regarding the declassification of a Foreign Intelligence Surveillance Court ruling stating that the NSAs collection procedures had violated the 4th Amendment to the Constitution and the spirit of the Foreign Intelligence Surveillance Act.
While the declassification of the FISA courts ruling on the constitutionality of Section 702 collection procedures is an important addition to the public discussion being held on government surveillance authorities, its declassification is long overdue. And while the NSA eventually made changes to its minimization procedures in response to this ruling, the very collection it describes was a serious violation of the 4th Amendment and demonstrates even more clearly the need to close the back-door searches loophole that allows for the communications of Americans to be searched without a warrant if they are swept up under procedures that were intended to target foreigners.
Moreover, the ruling states that the NSA has knowingly acquired tens of thousands of wholly domestic communications under section 702 of the Foreign Intelligence Surveillance Act, even though this law was specifically written to prohibit the warrantless acquisition of wholly domestic communications. The FISA Court has noted that this collection violates the spirit of the law, but the government has failed to address this concern in the two years since this ruling was issued. This ruling makes it clear that FISA Section 702, as written, is insufficient to adequately protect the civil liberties and privacy rights of law-abiding Americans and should be reformed.
http://www.wyden.senate.gov/news/press-releases/wyden-statement-on-declassification-of-fisa-court-ruling-on-4th-amendment-violations
While the declassification of the FISA courts ruling on the constitutionality of Section 702 collection procedures is an important addition to the public discussion being held on government surveillance authorities, its declassification is long overdue. And while the NSA eventually made changes to its minimization procedures in response to this ruling, the very collection it describes was a serious violation of the 4th Amendment and demonstrates even more clearly the need to close the back-door searches loophole that allows for the communications of Americans to be searched without a warrant if they are swept up under procedures that were intended to target foreigners.
Moreover, the ruling states that the NSA has knowingly acquired tens of thousands of wholly domestic communications under section 702 of the Foreign Intelligence Surveillance Act, even though this law was specifically written to prohibit the warrantless acquisition of wholly domestic communications. The FISA Court has noted that this collection violates the spirit of the law, but the government has failed to address this concern in the two years since this ruling was issued. This ruling makes it clear that FISA Section 702, as written, is insufficient to adequately protect the civil liberties and privacy rights of law-abiding Americans and should be reformed.
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Wyden: NSA has not addressed concerns in the two years since the FISA ruling was issued. (Original Post)
limpyhobbler
Aug 2013
OP
99th_Monkey
(19,326 posts)1. This just proves that if people would just go through the "proper channels"
that not a god damned thing will change.
limpyhobbler
(8,244 posts)2. It also seems like their some of the data collection is actually illegal
If they didn't comply with the court ruling...
nashville_brook
(20,958 posts)3. saw another "whattya gunna do about it" thread yesterday...
complaining that something should be done about the law if people are "so upset about seeing my kitteh pics."
here it is -- this is about changing the law. it takes a critic mass of people to force that to happen. they're not going to do it out of the goodness of their hearts.
Hydra
(14,459 posts)4. This was my thought
Why was the Obama Admin working so hard to keep this ruling secret?
Because they were still doing it.