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 Skimmed by Olbermann on ESPN2. Gotta say, Frank Caliendo is still the least funny guy in sports today. He has never been funny. #Stop
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bmaz @LittleMsHaldol @ThisIsJoshSmith Well, right back at you, you human pig.
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bmaz @espinsegall @rickhasen @MikeSacksEsq Are you new to Kozinski?? That is not a shocker at all.
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bmaz RT @themarkberman: Account by @azcentral reporter who witnessed the execution: "I counted about 660 times he gasped." http://t.co/fjvkp0vA6r
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bmaz @Greg651 @rickhasen Seemingly, but it is not inconsistent if you go back even further into the 90's Kozinski navel gazing on DP. Still same.
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bmaz @rickhasen @espinsegall @MikeSacksEsq Heh, yeah, I didn't think so! Kozinski has always had a complex view, but never anti. Still not anti.
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bmaz @Greg651 Thank you for sending that my way. Pretty much exactly what I expected.
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bmaz I warned people not to take Alex Kozinski's words in Wood dissent as evincing new anti-DP stance. I was right. http://t.co/6sGNEaOqmH
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bmaz @ericghill Please, don't confuse "All Things Considered" with this twit's stuff
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bmaz @afc1969 @ThisIsJoshSmith Yeah, maybe not. Not sure what happened, but the tweet was asinine and crass. To be kind.
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bmaz @afc1969 I have no idea why Twitter reflected it was dead. I don't think I miscopied it, but it is certainly possible.
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bmaz @afc1969 Yeah, dunno. It was a direct copy of the URL to his tweet. That is all I know. In fairness, this was it https://t.co/mAWU1hdHas
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