Wiretapping, FISA, and the NSA

Wiretapping, FISA, and the NSA
Mark Rasch, 2006-01-11

U.S. wiretapping laws, FISA and Presidential powers given to the NSA to intercept communications make for interesting times when coupled with technology. What are the issues surrounding privacy, search, seizure and surveillance?

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Wiretapping, FISA, and the NSA 2006-01-12
Fergie (2 replies)

Mark, you're full of crap. In no way, shape, or form is it ethical for you to rationalize what nay possibly be an issue of the President simply believing that he is above the law.

And, in this country, at least, no one is above the law -- it applies to EVRYONE EQUALLY.

- ferg
...

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Re: Wiretapping, FISA, and the NSA 2006-01-13
Mark D. Rasch

You cant be above the law, if you decide on your own what the law is. That, essentially is the administration policy. The wiretaps are reasonable because we know what we are doing and you should trust us. This was what the Court rejected (for domestic taps) in the Keith case....

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Re: Wiretapping, FISA, and the NSA 2006-01-16
Andrew Jones

I don't think it's fair to say that Mark is full of it, or that he is rationalizing the President's actions. He is merely stating the law as it stands and helping his readers to interpret it. He is giving us a taste of the debate to come, and what it will center around. In fact, perhaps it's only my...

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Wiretapping, FISA, and the NSA 2006-01-12
Anonymous from OZ (2 replies)

Doesn't a warrant require time to organise, lawyers, judges, etc?

The comms will be in realtime, so I guess the monitoring will also be in realtime too?

Might make it hard for timely collection AND with a warrant, which could take some time?
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Re: Wiretapping, FISA, and the NSA 2006-01-12
Anonymous (1 replies)

Two points on this

- For this very reason, there are provisions in place to get a warrant up to 72 hours after the wiretap was done. Get the warrant, the evidence is admissible in court. Fail to get the warrant, and you have to throw out the evidence. The NSA isn't even bothering to get these ...

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Re: Re: Wiretapping, FISA, and the NSA 2006-01-13
Mark D. Rasch (1 replies)

I think you have the exact point here.. the REASON they didnt get a FISA warrant was because they couldnt meet the standard of FISA to show that the targets were agents of a terrorist organization. Rather, all they had was suspicion that they were talking to people who MAY have been talking to some...

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Re: Re: Re: Wiretapping, FISA, and the NSA 2006-01-17
Anonymous

Mark, you are probably right -- they couldn't meet the criterion to obtain a FISA warrant, but there's a bigger reason. The NSA is casting a *very* wide net. One so wide that it would become administratively impossible to seek authorization for each instance of interception.

If you put together t...

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Re: Wiretapping, FISA, and the NSA 2006-01-12
Anonymous

Re-read the article. FISA warrants can be obtained after the fact. ...

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Wiretapping, FISA, and the NSA 2006-01-12
Anonymous

Good summary....

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Wiretapping, FISA, and the NSA 2006-01-12
Matthew Murphy (1 replies)

For the purposes of plenary power, the war on terrorism is not a war. The conflicts in Iraq and Afghanistan are wars....

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Re: Wiretapping, FISA, and the NSA 2006-01-17
Anonymous

I would disagree. From a U.S. Constitutional perspective, the conflicts in Iraq and Afganistan are not wars. For the US to be at war requires an act of Congress. Congress has not declared war, thus no war exists. The debate as to the presidents ability to Instigate the intelligence gathering act...

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Wiretapping, FISA, and the NSA 2006-01-12
Toni McConnel

Excellent commentary, Mark. You've laid it out potently that the emporer has no clothes. I'm forwarding the URL to many people with the comment that this is required reading.

Toni McConnel
Security Sentinel
iApplianceWeb...

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Wiretapping, FISA, and the NSA 2006-01-12
Anonymous

If you have been listening to the conference of the new justice, you would of heard from one of the senators how his answer leaves open the interpretation of presidential powers and the application of the law.

This opening by this candidate is what give pause due to the current possible tilting...

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Wiretapping, FISA, and the NSA 2006-01-12
Mark (1 replies)

It's pretty clear that the 3D pendulum of power has swung back toward the executive branch.

If we continue our success in developing a permanent political majority, it should be relatively easy to insure that this situation endures.

Let's face it: the power available to the chief executive ...

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Re: Wiretapping, FISA, and the NSA 2006-01-13
Anonymous (1 replies)

>Let's face it: the power available to the chief executive ...

...has been stretched FAR beyond anything resembling what is right. Mr. Bush has been, is now and continues to be in violation of FISA, the AUMF of 9/18/01, the bill rights and the Constitution itself.

If he is allowed to continue...

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Re: Re: Wiretapping, FISA, and the NSA 2006-01-20
Anonymous

Remove your tin-foil hat and take a deep breath.
The NSA has been at this for sometime it is not like Bush implemented this strategy, you give him FAR too much credit. There will be a debate about the validity of these wiretaps.

BTW He will continue for 3 more years - no more, no less.

-MJ...

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Wiretapping, FISA, and the NSA 2006-01-12
Anonymous

FISA orders are directed at interceptions of "U.S. Persons" meaning U.S. citizens or permanent resident aliens, or U.S. corporations. Thus, if a U.S. person is the target of the surveillance, FISA by its terms, applies. If the U.S. person is NOT the target, but is otherwise intercepted, the surveill...

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Wiretapping, FISA, and the NSA 2006-01-13
Anonymous (1 replies)

I find your understanding of the legal issues to be incomplete at best.
It is widely regarded that the actions previous presidents took in wartime were in excess of their powers and inappropriate (suspending habeas corpus, japanese internment, restricting free speech,...).
The courts have 1) nev...

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Re: Wiretapping, FISA, and the NSA 2006-01-14
Mark Rasch

Wiretapping, FISA, and the NSA 2006-01-13
Anonymous

Mr. Bush, by ordering these wiretaps and associated NSA/CIA/FBI activity is in violation of FISA and the AUMF of 9/18/01

Immediate impeachment is in order.
...

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Sic Semper Tyrannis 2006-01-17
Anonymous (1 replies)

Leader of the free world sliding into
a paranoid, fear driven machine. I'm
a shamed of my fellow Americans and how
brutal and ignorant they have delivered
their said justice. I'm afraid this
administration has done more than just
wiretaps my friends, far worse than just
spying on Americans. ...

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Re: Sic Semper Tyrannis 2006-01-20
Anonymous

WHAT? Bomb throwing flame bait. ...

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Good article 2006-01-18
Jason S

Mark,

Good job on an informative, well researched, and balanced article. Nice to get something with informed facts instead of partisan drivel. Definitely a complicated problem that needs some clarification...

- Jason...

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Wiretapping, FISA, and the NSA 2006-09-28
Anonymous in Redmond, WA

Thank you for your great article. I like your style....

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