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The secret court which authorizes the phone and internet surveillance of millions of individuals worldwide is bending the rules of language and law--according to a series of recent reports--as the 11 hand-picked judges ascend to "ultimate arbiter" on all surveillance issues shaping intelligence practices "for years to come."
In a Wall Street Journal piece published Monday, reporters Jennifer Valentino-DeVries and Siobhan Gorman detail how the secret Foreign Intelligence Surveillance Court, known as the FISA court, has legally manipulated the definition of the word "relevant" to include "an entire database of records on millions of people," recently revealed by National Security Agency whistleblower Edward Snowden.
According to Section 215 of the Patriot Act, the government is permitted to seek secret court orders for the handing over of "any tangible thing" including records, "relevant to an authorized investigation" regarding a foreign-intelligence or terrorism investigation.
"The history of the word 'relevant' is key to understanding that passage," write Valentino-DeVries and Gorman. They explain:
The Supreme Court in 1991 said things are "relevant" if there is a "reasonable possibility" that they will produce information related to the subject of the investigation. In criminal cases, courts previously have found that very large sets of information didn't meet the relevance standard because significant portions--innocent people's information--wouldn't be pertinent.
But the Foreign Intelligence Surveillance Court, FISC, has developed separate precedents, centered on the idea that investigations to prevent national-security threats are different from ordinary criminal cases.
[...] According to the court, the special nature of national-security and terrorism-prevention cases means "relevant" can have a broader meaning for those investigations, say people familiar with the rulings.
"Relevance is a very broad standard that could arguably justify the collection of all kinds of information about law-abiding Americans," said former Sen. Russ Feingold, arguing for stricter wording during the 2006 re-authorization of the Patriot Act when Congress added this term to the law.
Senators Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) have long sounded the alarm over this issue, which they've condemned as a "secret interpretation" of the Patriot Act. However, because the secret court's rulings are considered classified, they are thus "almost impossible to challenge."
The New York Times, which on Saturday published a story also reporting on the covert expansion of these laws, details some of the "nearly 100 pages of rulings" which have expanded the FISA court's role "by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny."
"It has quietly become almost a parallel Supreme Court," writes the Times' Eric Lichtblau, "serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come."
Further, the 11-judge panel charged with these broad, classified interpretations (and subsequent information sweeps) are not an elected body but are rather hand-selected by Chief Justice of the Supreme Court John Roberts.
Referred to by MSNBC's Alex Wagner as "the other John Roberts court," these 11 justices--10 of which are Republican appointees--are the sole jurors for the entire US surveillance state.
As the Washington Post's Ezra Klein points out, no other part of US law works this way. "[W]hen it comes to surveillance," he writes, "the composition of the bench is entirely in [Roberts'] hands, and, as a result, so is the extent to which the National Security Agency and the Federal Bureau of Investigation can spy on citizens."
_____________________
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
The secret court which authorizes the phone and internet surveillance of millions of individuals worldwide is bending the rules of language and law--according to a series of recent reports--as the 11 hand-picked judges ascend to "ultimate arbiter" on all surveillance issues shaping intelligence practices "for years to come."
In a Wall Street Journal piece published Monday, reporters Jennifer Valentino-DeVries and Siobhan Gorman detail how the secret Foreign Intelligence Surveillance Court, known as the FISA court, has legally manipulated the definition of the word "relevant" to include "an entire database of records on millions of people," recently revealed by National Security Agency whistleblower Edward Snowden.
According to Section 215 of the Patriot Act, the government is permitted to seek secret court orders for the handing over of "any tangible thing" including records, "relevant to an authorized investigation" regarding a foreign-intelligence or terrorism investigation.
"The history of the word 'relevant' is key to understanding that passage," write Valentino-DeVries and Gorman. They explain:
The Supreme Court in 1991 said things are "relevant" if there is a "reasonable possibility" that they will produce information related to the subject of the investigation. In criminal cases, courts previously have found that very large sets of information didn't meet the relevance standard because significant portions--innocent people's information--wouldn't be pertinent.
But the Foreign Intelligence Surveillance Court, FISC, has developed separate precedents, centered on the idea that investigations to prevent national-security threats are different from ordinary criminal cases.
[...] According to the court, the special nature of national-security and terrorism-prevention cases means "relevant" can have a broader meaning for those investigations, say people familiar with the rulings.
"Relevance is a very broad standard that could arguably justify the collection of all kinds of information about law-abiding Americans," said former Sen. Russ Feingold, arguing for stricter wording during the 2006 re-authorization of the Patriot Act when Congress added this term to the law.
Senators Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) have long sounded the alarm over this issue, which they've condemned as a "secret interpretation" of the Patriot Act. However, because the secret court's rulings are considered classified, they are thus "almost impossible to challenge."
The New York Times, which on Saturday published a story also reporting on the covert expansion of these laws, details some of the "nearly 100 pages of rulings" which have expanded the FISA court's role "by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny."
"It has quietly become almost a parallel Supreme Court," writes the Times' Eric Lichtblau, "serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come."
Further, the 11-judge panel charged with these broad, classified interpretations (and subsequent information sweeps) are not an elected body but are rather hand-selected by Chief Justice of the Supreme Court John Roberts.
Referred to by MSNBC's Alex Wagner as "the other John Roberts court," these 11 justices--10 of which are Republican appointees--are the sole jurors for the entire US surveillance state.
As the Washington Post's Ezra Klein points out, no other part of US law works this way. "[W]hen it comes to surveillance," he writes, "the composition of the bench is entirely in [Roberts'] hands, and, as a result, so is the extent to which the National Security Agency and the Federal Bureau of Investigation can spy on citizens."
_____________________
The secret court which authorizes the phone and internet surveillance of millions of individuals worldwide is bending the rules of language and law--according to a series of recent reports--as the 11 hand-picked judges ascend to "ultimate arbiter" on all surveillance issues shaping intelligence practices "for years to come."
In a Wall Street Journal piece published Monday, reporters Jennifer Valentino-DeVries and Siobhan Gorman detail how the secret Foreign Intelligence Surveillance Court, known as the FISA court, has legally manipulated the definition of the word "relevant" to include "an entire database of records on millions of people," recently revealed by National Security Agency whistleblower Edward Snowden.
According to Section 215 of the Patriot Act, the government is permitted to seek secret court orders for the handing over of "any tangible thing" including records, "relevant to an authorized investigation" regarding a foreign-intelligence or terrorism investigation.
"The history of the word 'relevant' is key to understanding that passage," write Valentino-DeVries and Gorman. They explain:
The Supreme Court in 1991 said things are "relevant" if there is a "reasonable possibility" that they will produce information related to the subject of the investigation. In criminal cases, courts previously have found that very large sets of information didn't meet the relevance standard because significant portions--innocent people's information--wouldn't be pertinent.
But the Foreign Intelligence Surveillance Court, FISC, has developed separate precedents, centered on the idea that investigations to prevent national-security threats are different from ordinary criminal cases.
[...] According to the court, the special nature of national-security and terrorism-prevention cases means "relevant" can have a broader meaning for those investigations, say people familiar with the rulings.
"Relevance is a very broad standard that could arguably justify the collection of all kinds of information about law-abiding Americans," said former Sen. Russ Feingold, arguing for stricter wording during the 2006 re-authorization of the Patriot Act when Congress added this term to the law.
Senators Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) have long sounded the alarm over this issue, which they've condemned as a "secret interpretation" of the Patriot Act. However, because the secret court's rulings are considered classified, they are thus "almost impossible to challenge."
The New York Times, which on Saturday published a story also reporting on the covert expansion of these laws, details some of the "nearly 100 pages of rulings" which have expanded the FISA court's role "by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny."
"It has quietly become almost a parallel Supreme Court," writes the Times' Eric Lichtblau, "serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come."
Further, the 11-judge panel charged with these broad, classified interpretations (and subsequent information sweeps) are not an elected body but are rather hand-selected by Chief Justice of the Supreme Court John Roberts.
Referred to by MSNBC's Alex Wagner as "the other John Roberts court," these 11 justices--10 of which are Republican appointees--are the sole jurors for the entire US surveillance state.
As the Washington Post's Ezra Klein points out, no other part of US law works this way. "[W]hen it comes to surveillance," he writes, "the composition of the bench is entirely in [Roberts'] hands, and, as a result, so is the extent to which the National Security Agency and the Federal Bureau of Investigation can spy on citizens."
_____________________