PCLOB Ignores Glaring Section 702 Non-Compliance: Notice to Defendants

I will have far more to say about PCLOB once I finish my working thread. But there’s one glaring flaw in the report’s claim that the government complies with the statute.

Based on the information that the Board has reviewed, the government’s PRISM collection complies with the structural requirements of the statute.

But here’s the report’s discussion of what happens with aggrieved persons — those prosecuted based in information derived from Section 702 information.

Further, FISA provides special protections in connection with legal proceedings, under which an aggrieved person — a term that includes non-U.S. persons — is required to be notified prior to the disclosure or use of any Section 702–related information in any federal or state court.447 The aggrieved person may then move to suppress the evidence on the grounds that it was unlawfully acquired and/or was not in conformity with the authorizing Section 702 certification.448 Determinations regarding whether the Section 702 acquisition was lawful and authorized are made by a United States District Court, which has the authority to suppress any evidence that was unlawfully obtained or derived.449 

But for 5 years after the passage of the law, the government never once gave defendants notice they were aggrieved under Section 702. It lied to the Supreme Court about not having done so. And even while it has since given a limited number of defendants — like Mohamed Osman Mohamud — notice, there are others — David Headley, Najibullah Zazi and Adis Medunjanin, and Khalid Ouazzani — who are known to be aggrieved under Section 702 who have never received notice. Finally, there is the case of the Qazi brothers, which seems to be a case where the government is parallel constructing right in the face of the magistrate.

PCLOB said that the government is generally in compliance with the statute. And yet, it made no mention of known, fairly egregious violations of the statute.

That suggests the report as a whole may be flawed.

Tweet about this on Twitter65Share on Reddit0Share on Facebook10Google+1Email to someone

4 Responses to PCLOB Ignores Glaring Section 702 Non-Compliance: Notice to Defendants

  • 1
  • 2
  • 3
  • 4

Emptywheel Twitterverse
bmaz People can talk+squawk ignorantly about the border, and control thereof, but they are politically motivated jackasses http://t.co/XVTrzpC9pB
2mreplyretweetfavorite
bmaz You want horror of Juarez, go see @dcbigjohn feed of last 24 hrs. If you think that is representative, get your head out of your ass. #NOT
6mreplyretweetfavorite
bmaz It was easy for @RubenGallego who I unconditionally supported, to be progressive, will he be so now? @downwithtyranny @ralonzo #TimeTells
18mreplyretweetfavorite
bmaz @Will_Bunch One of these teams may arguably have better pitching than the other.
2hreplyretweetfavorite
bmaz @nicholsong I may join, cause I currently have no dental plan #ThanksObama
2hreplyretweetfavorite
bmaz @nicholsong Also, al-Qaida and ISIS, right?
2hreplyretweetfavorite
bmaz @nicholsong And, heck, parenting is HARD. I mean that. But this shit is just too much.
2hreplyretweetfavorite
bmaz @nicholsong Meh, I have no issue with that. These are not great parents that thought this a good idea.
2hreplyretweetfavorite
bmaz @nicholsong Different times and places though. I would be dead if I had learned to drive where we live now.
2hreplyretweetfavorite
bmaz @nicholsong Hey, my daughter turns 19 tomorrow and has never sought her driver's license. I had my first accident at age 14.
2hreplyretweetfavorite
bmaz @nicholsong This was a freaking UZI pistol with lame stock, at best!
2hreplyretweetfavorite
July 2014
S M T W T F S
« Jun   Aug »
 12345
6789101112
13141516171819
20212223242526
2728293031