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
emptywheel @thegrugq You can't ask NSA to use a third party app when they should be able to ask directly like they do for all the PRISM providers.
emptywheel @Dymaxion Imma write a REALLY good book and bring it out while everyone is eating Christmas dinner.
emptywheel @Dymaxion Yes, but let's pretend you don't, as most book buyers don't. Shouldn't you be skeptical of year end lists in November?
emptywheel @Dymaxion Right, but what these lists really mean are "here's the books that publishers have nudged us to review that we like."
emptywheel @austinwade A remarkable way to put it. Live by the big data, (make other completely innocent people) die by the absence of big data.
bmaz @LegallyErin @TyreJim To have basically 2 starting QBs in 23yrs? That is sick. Also, a song to ChiTown from Out West https://t.co/Cjmsr60zHl
bmaz @LegallyErin @TyreJim Precisely. The Packers are blessed and, occasionally, cursed by QBs they depend on. But I'll take it!
bmaz @LegallyErin @TyreJim Seriously. Injuries are a problem, but, still, it is like the mojo or something is gone. Weird.
bmaz @armandodkos @ggreenwald @WesleyLowery You think everything that goes beyond your own point is a "red herring" Which is itself a red herring
bmaz @armandodkos @ggreenwald @WesleyLowery But real harm comes when media misinformed public demands expanded definitions be ensconced in law.
bmaz @armandodkos @ggreenwald @WesleyLowery And, no, not all crime sprees should be blithely termed "terrorism".
bmaz @armandodkos @ggreenwald @WesleyLowery Naw, "media" does not. They just blow adopted militaristic cop jargon out their ass like parrots.
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