Thursday, June 6, 2013

JUST KEEPING YOU INFORMED........

WASHINGTONA leaked document disclosed the monumental scale of the U.S. government's surveillance of America's phone records, part of a massive data-collection program aimed at combating terrorism. 
Here are some important details about the secret program and how it works:
Q: What happened and why is it a big deal?
A: The Guardian newspaper published a highly classified April U.S. court order that allows the government access to all of Verizon's phone records on a daily basis, for both domestic and international calls. That doesn't mean the government is listening in, and the National Security Agency did not receive the names and addresses of customers. But it did receive all phone numbers with outgoing or incoming calls, as well as the unique electronic numbers that identify cellphones. That means the government knows which phones are being used, even if customers change their numbers.
This is the first tangible evidence of the scope of a domestic surveillance program that has existed for years but has been discussed only in generalities. It proves that, in the name of national security, the government sweeps up the call records of Americans who have no known ties to terrorists or criminals.

A judge approved this. Does that mean someone had to show probable cause that a crime was being committed?
A: No. The seizure was authorized by the Foreign Intelligence Surveillance Court, which operates under very different rules from a typical court. Probable cause is not required.
The court was created by the Foreign Intelligence Surveillance Act of 1978 and is known in intelligence circles as the FISA court. Judges appointed by the president hear secret evidence and authorize wiretapping, search warrants and other clandestine efforts to monitor suspected or known spies and terrorists.
For decades, the court was located in a secure area at Justice Department headquarters. While prosecutors in criminal cases must come to court seeking subpoenas, the FISA judges came to the Justice Department. That changed in 2008 with the construction of a new FISA court inside the U.S. District Court in Washington. The courtroom is essentially a vault, designed to prevent anyone from eavesdropping on what goes on inside.
In this instance, Judge Roger Vinson authorized the NSA to seize the phone records under a provision in the USA Patriot Act, which passed shortly after the Sept. 11, 2001, attacks and vastly expanded the government's ability to collect information on Americans.


If not probable cause, what standard did the government use in this case?
A: The judge relied on one of the most controversial aspects of the Patriot Act: Section 215, which became known colloquially as the "library records provision" because it allowed the government to seize a wide range of documents, including library records. Under that provision, the government must show there are "reasonable grounds to believe" that the records are relevant to an investigation intended to "protect against international terrorism or clandestine intelligence activities."
Exactly what "relevant" meant has been unclear. With the release of the classified court order, the public can see for the first time that everyone's phone records are relevant.
The Justice Department has staunchly defended Section 215, saying it was narrowly written and has safeguarded liberties.
Some in Congress, however, have been sounding alarms about it for years. Though they are prohibited from revealing what they know about the surveillance programs, Democratic Sens. Ron Wyden of Oregon and Mark Udall of Colorado have said the government's interpretation of the law has gone far beyond what the public believes.

No comments:

Post a Comment