If George Bush Can Close NSA’s Back Door Loophole, Why Can’t Barack Obama?

As per usual, there was a tidbit of news in Ron Wyden’s questions at yesterday’s hearing on the USA Freedumber.

He revealed that the back door loophole was closed during the Bush Administration.

Let me start by talking about the fact that the House bill does not ban warrantless searches for Americans’ emails. And here, particularly, I want to get into this with you, Mr. Ledgett if I might. We’re talking of course about the backdoor search loophole, section 702 of the FISA statute. This allows NSA in effect to look through this giant pile of communications that are collected under 702 and deliberately conduct warrantless searches for the communications of individual Americans.  This loophole was closed during the Bush Administration, but it was reopened in 2011, and a few months ago the Director of National Intelligence acknowledged in a letter to me that the searches are ongoing today. [my emphasis]

I’m not sure precisely what he’s talking about, though I assume either the transition from the illegal program to Protect America Act, or the transition from PAA to FISA Amendments Act, removed NSA’s ability to conduct back door searches. Reading between the redactions in John Bates’ October 3, 2011 opinion, FBI apparently has had the authority to do back door searches on both traditional FISA and warrantless collection from 2008, so from the beginning of FAA.

But from what Wyden said, the NSA had the ability to do back door searches, lost it, and now has it again.

I’d sure like to know more about what happened to lead people to believe NSA should have that authority taken away from it.

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5 Responses to If George Bush Can Close NSA’s Back Door Loophole, Why Can’t Barack Obama?

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Emptywheel Twitterverse
bmaz @caidid Late night/early mooring Twitter is sparse. Easier for those of us in the west.
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bmaz @nigelduara @jackgillum Ha! Nope, seriously, this was great work.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer a non-DP 1st degree plea, you are a bigger idiot than you seem. That was the "way" referred to
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer It was an hour and a half you disingenuous twit, and if you don't think you can get LWOP on...
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bmaz @nigelduara @jackgillum Hey, this conversation looks like fun, can I play too? Also, nice work by AP.
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bmaz @JimDaniielski Why don't you go fuck yourself.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer I admitted I made an inadvertent mistake in haste, get over yourself jerk.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer I've been practicing criminal law here in AZ for 25+ years. My memory is fine asshole.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer Hey jerko, I was in a movie theater and typed something on a phone as the movie was starting.
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bmaz @trevortimm Maybe, maybe not. That enhanced offense level from 21 to 23. But could have still been sentenced to the 48 months on a level 21
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bmaz @prosediva It gets better. It has to!
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bmaz @LegallyErin @chrisgeidner Well, you know if they got the local disability judges too... #WhatTheFuckIsWrongInAlabama
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