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Luminous Animal

(27,310 posts)
7. Sen. Blumenthal" FISA court secrecy must end
Mon Jul 15, 2013, 09:33 AM
Jul 2013
On any given day in Washington, 11 judges — all designated by Chief Justice John Roberts, without congressional advice or consent — convene to hear surveillance applications from the United States government. Behind closed doors and without checks or scrutiny, they balance the threats of espionage and terrorism with Fourth Amendment protections from unreasonable searches and seizures. But the odds are stacked strongly in favor of the federal government. Last year alone, the Foreign Intelligence Surveillance Court, known as the FISA court, heard nearly 1,800 such applications from the U.S. government; not a single request was denied. In its entire 33-year history, the FISA court has rejected just 11 of 34,000 requests.

Until recently, few Americans had heard of the FISA court. Yet this federal body, created by the Foreign Intelligence Surveillance Act of 1978 and expanded under the PATRIOT Act, wields tremendous power. FISA requires the government to obtain a judicial warrant prior to commencing particular kinds of intelligence operations within the United States, and the FISA court is empowered to provide these warrants. FISA court judges decide whether the government can tap phone calls, access business records and sweep up a wide array of data that can be used to map the contours of our daily lives. After the court rules, its findings are almost never made public. Americans whose privacy may be compromised by FISA court rulings cannot read those rulings, much less contest or appeal them.


Read more: http://www.politico.com/story/2013/07/fisa-court-process-must-be-unveiled-94127.html#ixzz2Z7n4UTCx

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