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Schneier on Security: NSA and Bush's Illegal Eavesdropping


Stashed in: Privacy does not exist., National Security

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December 20, 2005NSA and Bush's Illegal EavesdroppingWhen President Bush directed the National Security Agency to secretly eavesdrop on American citizens, he transferred an authority previously under the purview of the Justice Department to the Defense Department and bypassed the very laws put in place to protect Americans against widespread government eavesdropping. The reason may have been to tap the NSA's capability for data-mining and widespread surveillance.

Illegal wiretapping of Americans is nothing new. In the 1950s and '60s, in a program called "Project Shamrock," the NSA intercepted every single telegram coming into or going out of the United States. It conducted eavesdropping without a warrant on behalf of the CIA and other agencies. Much of this became public during the 1975 Church Committee hearings and resulted in the now famous Foreign Intelligence Surveillance Act (FISA) of 1978.

The purpose of this law was to protect the American people by regulating government eavesdropping. Like many laws limiting the power of government, it relies on checks and balances: one branch of the government watching the other. The law established a secret court, the Foreign Intelligence Surveillance Court (FISC), and empowered it to approve national-security-related eavesdropping warrants. The Justice Department can request FISA warrants to monitor foreign communications as well as communications by American citizens, provided that they meet certain minimal criteria.

The FISC issued about 500 FISA warrants per year from 1979 through 1995, and has slowly increased subsequently -- 1,758 were issued in 2004. The process is designed for speed and even has provisions where the Justice Department can wiretap first and ask for permission later. In all that time, only four warrant requests were ever rejected: all in 2003. (We don't know any details, of course, as the court proceedings are secret.)

FISA warrants are carried out by the FBI, but in the days immediately after the terrorist attacks, there was a widespread perception in Washington that the FBI wasn't up to dealing with these new threats -- they couldn't uncover plots in a timely manner. So instead the Bush administration turned to the NSA. They had the tools, the expertise, the experience, and so they were given the mission.

The most surprising thing about this is that he wrote it in 2005.

It sounds like it could be ripped from yesterday's headlines.

American people need most be alarmed about this because the targets are everyone, including us!

It's really complicated. Most people don't realize we've given up rights.

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