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349 search results for: 12333


FISA + EO 12333 + [redacted] procedures = No Fourth Amendment

The recent FISCR opinion makes it clear that the government is not relying exclusively on PAA (or, presumably now, FISA) to wiretap Americans. Rather, it is using several measures kluged together to get around the 4th Amendment’s prohibition on unreasonable search and seizure.


Six Data Points about the CIA Dragnet

If you want to find the CIA dragnet, you can look at my warnings over the last 9 years (or Charlie Savage’s report on it from 2013). Or you can look at the loophole that 18 U.S.C. § 2511(2)(f) creates that Ron Wyden was exploring closely when he was writing this letter. 


The Republican PCLOB Cover-Up of NSA’s XKEYSCORE Use Is More Troubling than Tucker Carlson’s Claims To Be Surveilled

There were two claims of improper surveillance by NSA in recent days. One, made by a serial fabulist. And another, made by someone with access to classified information, that may affect hundreds of Americans. 

The refusal of Republicans on PCLOB to examine the latter violations merits far more attention given the credibility of the reporting source than Tucker Carlson’s claims.


The Rickety 702 System: Why It Continues to Fail

Since the beginning, the yearly review of FISA 702 has separated the abstract legal analysis from the actual state of the implementation. And that has allowed one after another FISA judge to approve 702 with no real evidence it complies with the Fourth Amendment.