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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

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

  • 1
  • 2
  • 3
  • 4
  • 5
Emptywheel Twitterverse
emptywheel @brettmaxkaufman Actually there is a study showing this now, look at (IIRC) Nazi sports associations. @dandrezner
51mreplyretweetfavorite
bmaz RT @JoshMankiewicz: My father Frank Mankiewicz has passed away after a wonderful life. He was the best dad I could ever have wished for. ht…
5hreplyretweetfavorite
bmaz @BernardKingIII Only thing it ever got me was in contempt. Which was thankfully dropped by judge when guilty verdict returned.
5hreplyretweetfavorite
bmaz @KanysLupin @MonaHol @normative @trevortimm @onekade @FareedZakaria Yeah, starry eyed people like to talk nullification, but doesn't happen
5hreplyretweetfavorite
bmaz @BernardKingIII I mean, seriously, only law professors would come up with that theoretical drivel. And Zakaria still screwed it up.
5hreplyretweetfavorite
bmaz @MonaHol @KanysLupin @normative @trevortimm @onekade @FareedZakaria If so, you should be prosecuted for perjury.
5hreplyretweetfavorite
bmaz @McBlondeLand @nycsouthpaw Was also a real thing in southern Arizona back in late 80's - 90's Biosphere: http://t.co/YrTSfTqpVI
6hreplyretweetfavorite
bmaz @MonaHol @normative @trevortimm @onekade @FareedZakaria Rule 24 leaves discretion on void dire method to court. Some do it some let attys
6hreplyretweetfavorite
bmaz @GrantWoods Seconded. Body broke down before his heart did.
6hreplyretweetfavorite
bmaz @normative @MonaHol @trevortimm @onekade @FareedZakaria But they don't. Juries are told MUST follow the law, and they try very hard to do so
6hreplyretweetfavorite
bmaz @trevortimm @mattapuzzo @FareedZakaria Rules of evidence have evolved quite a bit since then, but not in ways likely to get much motive in.
6hreplyretweetfavorite
June 2014
S M T W T F S
« May   Jul »
1234567
891011121314
15161718192021
22232425262728
2930