EFF has obtained a big bunch of documents from the FBI via the Freedom of Information Act pertaining to its surveillance abuses. From the EFF announcement:
In an earlier post, I discussed some of the constitutional issues involved in ACLU v. NSA, –F.3d — (6th Cir. 2007). In this case, a panel from the 6th Circuit concluded that the ACLU and other plaintiffs lacked standing to challenge the Bush Administration’s warrantless wiretapping program conducted by the National Security Agency (NSA). The program is known as the Terrorist Surveillance Program (TSP).
Is there a reasonable expectation of privacy in email headers and IP addresses under the Fourth Amendment? No, sayeth the 9th Circuit in US v. Forrester:
In ACLU v. NSA, –F.3d — (6th Cir. 2007), a panel from the 6th Circuit held that the ACLU and other plaintiffs lacked standing to challenge the Bush Administration’s warrantless wiretapping program conducted by the National Security Agency (NSA). NYT coverage is here. According to the sketchy details known about the program, the court noted, “it has been publicly acknowledged that the TSP [the Terrorist Surveillance Program, as it has now been named by the Administration] includes the interception (i.e., wiretapping), without warrants, of telephone and email communications, where one party to the communication is located outside the United States and the NSA has ‘a reasonable basis to conclude that one party to the communication is a member of al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda, or working in support of al Qaeda.”
The plaintiffs are “journalists, academics, and lawyers who regularly communicate with individuals located overseas, who the plaintiffs believe are the types of people the NSA suspects of being al Qaeda terrorists, affiliates, or supporters, and are therefore likely to be monitored under the TSP.” The plaintiffs claimed that the NSA wiretapping violated, among other things, the First Amendment, Fourth Amendment, and the Foreign Intelligence Surveillance Act (FISA).
According to Judge Batchelder’s opinion, the plaintiffs could not establish standing because they could not directly prove that they were subject to surveillance. One of the problems with the court’s reasoning is that there is little way for the plaintiffs to find out more specific information about whether particular plaintiffs’ phone calls have been wiretapped. As a result, the government can violate the plaintiffs’ First and Fourth Amendment rights with impunity if they cannot ever learn enough to gain standing to challenge the surveillance.
It seems to happen way too often. Despite policies and laws that forbid law enforcement officials from mentioning the names of suspects who are not yet formally accused or even arrested, leaks invariably seem to happen. The leaks can wreak havoc in the lives of those whose names are mentioned. Many of these people wind up never being charged with any crime, yet their reputations are destroyed by the leaks and resulting media attention.Continue Reading
One of the virtues of the online encyclopedia Wikipedia is that it can reflect new information very quickly after it becomes known. But there’s a rather odd development in the case of wrestler Chris Benoit’s murder of his family and suicide. From the AP [link no longer available]:Continue Reading
The CIA has recently released about 700 pages of previously-classified documents, some of which reveal abuses in the name of national security. The CIA calls these documents the “family jewels.” The documents were created in connection with a report of CIA abuses for its former director, James Schlesinger. According to a BBC article:Continue Reading
Several years ago, the Department of Defense began developing a program called Total Information Awareness, a massive data mining project analyzing personal information on every citizen of the United States. After a series of blistering op-eds and strong negative public reaction, the Senate voted to stop all funding for the program.Continue Reading
Ever since the Washington Post exposé about the AutoAdmit discussion board, it has been in a downward tailspin. According to the Washington Post article of March 2007:Continue Reading
