FISC court builds body of secret law

But this guy is the dick for telling you about it.

But this guy is the dick for telling you about it.

Both the New York Times and the Wall Street Journal ran stories about the Foreign Intelligence Surveillance Court this week, and I urge you to read them. The FISC, which the Times insists on calling the “FISA court” after the Foreign Intelligence Surveillance Act, has established a body of case law that significantly expands the federal government’s domestic surveillance powers, and it’s all secret. You’re not allowed to know what the FISC determines the NSA and FBI can legally do, because that would help terrorists. In June, when the Senate asked NSA director Gen. Keith Alexander whether FISC would ever make some of its rulings public, Alexander said:

I don’t want to jeopardize the security of Americans by making a mistake in saying, ‘Yes, we’re going to do all that.’

So “no,” then? Here’s a link to Orwell’s “Politics and the English Language,” just in case Gen. Alexander is reading this. We know someone in his office is.

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Most Americans support NSA phone tracking

Google image search: "most Americans"

Google image search: “most Americans”

Strangely, perhaps even depressingly, the big deal in last week’s revelation of massive domestic NSA surveillance is how not a big deal everyone thinks it is. According to a Washington Post/Pew poll, 56% of Americans consider secret court orders that allow the NSA to access millions of phone records “acceptable,” while only 42% consider it “unacceptable.” Forty-five percent say the government should be allowed even more leeway than it already has secretly gave itself, provided that power is used to fight terrorism. Even though half of Americans presumably do not regard themselves as terrorists, they believe their government should be able to arbitrarily investigate them, because terrorism. At the risk of pique, this is the same country that refused expanded background checks for gun purchases as an unconscionable infringement on the Second Amendment.

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