General Discussion
In reply to the discussion: After reading the article by Glenn Greenwald... [View all]kentuck
(115,543 posts)<snip>
As a result, under the FAA, the NSA frequently eavesdrops on Americans' calls and reads their emails without any individualized warrants exactly that which NSA defenders, including Obama, are trying to make Americans believe does not take place. As Yale Law professor Jack Balkin explained back in 2009:
"The Fisa Amendments Act of 2008, effectively gives the President - now President Obama - the authority to run surveillance programs similar in effect to the warrantless surveillance program [secretly implemented by George Bush in late 2001]. That is because New Fisa no longer requires individualized targets in all surveillance programs. Some programs may be 'vacuum cleaner' programs that listen to a great many different calls (and read a great many e-mails) with any requirement of a warrant directed at a particular person as long as no US person is directly targeted as the object of the program. . . .
"New Fisa authorizes the creation of surveillance programs directed against foreign persons (or rather, against persons believed to be outside the United States) which require no individualized suspicion of anyone being a terrorist, or engaging in any criminal activity. These programs may inevitably include many phone calls involving Americans, who may have absolutely no connection to terrorism or to Al Qaeda."
As the FAA was being enacted in mid-2008, Professor Balkin explained that "Congress is now giving the President the authority to do much of what he was probably doing (illegally) before".