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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bmaz @Esquiring @leepacchia Right, some of them got plenty abusive+belligerent during Occupy.
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emptywheel Tweeps, I get that MI is in pathetic 2-fer-coke straits. But if you don't also say "Little Brown Jug" when you make fun, yer doin it wrong
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bmaz @ddayen Dude. Just bleak.
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JimWhiteGNV RT @trevortimm: Why is the Obama admin still pretending it's a secret that the CIA has been training Syria's rebels for over a year? http:/…
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bmaz Wow, things are getting really bleak for the Michigan Wolverweenies at the Big House: http://t.co/rr4tMjaZsw
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bmaz @EdgeofSports He said effectively same thing earlier today. Something to effect Rice incident would not have happened were he still there
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JimWhiteGNV RT @Will_Muschamp: Buy two cokes and you can replace Jeff Driskel
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JimWhiteGNV RT @slmandel: How bad are things in Ann Arbor? 2 free tickets to the Minnesota game if you buy 2 bottles of Coke (via @ByAZuniga) http://t.…
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bmaz RT @visions_studios: @bmaz Where's PETA when you need them?
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bmaz @leepacchia Bear deserved Bill Bratton himself!
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bmaz RT @leepacchia: @bmaz interesting to see a white shirt handling this arrest. Bear got the deluxe treatment.
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JimWhiteGNV RT @Casual_Obs: Many brave NYPD officers defending a statue. Of a bull. http://t.co/LTu6DWcNDT
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