The Death of the Republic
Secret Courts making secret rulings so the Secret Police can
piss on the Constitution and secretly spy on everyone.
The regime of Dear Leader Obama secretly won permission from a secret surveillance court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to secretly search deliberately for Americans’ communications in its massive databases, according to interviews with government officials and recently declassified material.
In addition, the secret court extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years — and more under special circumstances, according to the documents, which include a recently released 2011 opinion by U.S. District Judge John D. Bates, then chief judge of the secret Foreign Intelligence Surveillance Court.
What had not been previously acknowledged is that the court in 2008 imposed an explicit ban — at the government’s request — on those kinds of searches, that officials in 2011 got the court to lift the bar and that the search authority has been used reports the Washington Post.
Together the permission to search and to keep data longer expanded the NSA’s authority in significant ways without public debate or any specific authority from Congress.
The administration’s assurances rely on legalistic definitions of the term “target” that can be at odds with ordinary English usage. The enlarged authority is part of a fundamental shift in the government’s approach to surveillance: collecting first, and protecting Americans’ privacy later.
“The government says, ‘We’re not targeting U.S. persons,’ ” said Gregory T. Nojeim, senior counsel at the Center for Democracy and Technology. “But then they never say, ‘We turn around and deliberately search for Americans’ records in what we took from the wire.’ That, to me, is not so different from targeting Americans at the outset.”
The secret court decision allowed the NSA “to query the vast majority” of its e-mail and phone call databases using the e-mail addresses and phone numbers of Americans and legal residents without a warrant, according to Bates’s opinion.
Governments Should Be Afraid of their People