fisa

Google challenges DOJ's surveillance gag order

Google has asked the secretive Foreign Intelligence Surveillance Court to lift a gag order, saying it has the constitutional right to clear its name by discussing government data requests.

The company filed a five-page motion before the court on Tuesday afternoon, arguing it has "a right under the First Amendment to publish" summary statistics about requests made under the Foreign Intelligence Surveillance Act.

David Drummond, Google's chief legal officer, sent an open letter last week to Attorney General Eric Holder and FBI Director Robert Mueller asking for "transparency" -- but was unable to reach an … Read more

Obama: NSA spying doesn't mean 'abandoning freedom'

News about the National Security Agency's classified surveillance programs has been abundant the past few days, and to top it off, President Obama is now giving a 45-minute interview about the issue with Charlie Rose on Monday evening.

Buzzfeed published a partial transcript of the interview before tonight's airing of the show. While Obama goes over the topics of the two NSA spying programs with more detail, it appears he's reiterating much of the same when it comes to the White House's stance on the programs and document leaks. Essentially, it did nothing wrong.

"What … Read more

Can you trust the NSA, the Internet giants, or your IT department?

Life is filled with trade-offs, and when it comes to keeping the country secure against terror attacks, Americans largely trust the government with broad access to personal data. Indeed, a recent Pew Research Center survey found that 56 percent of those polled favored the National Security Agency's previously undisclosed phone tracking activities compared with 41 percent who opposed letting the spy agency surveil phone records.

In making their case to the public, government officials tend to put the issue in black-and-white terms: Do you want to be responsible for a terrorist attack because the intelligence community failed to connect … Read more

Privacy group calls NSA Verizon surveillance illegal

The Electronic Privacy Information Center Friday asked Congress to begin a series of oversight hearings on whether the National Security Agency's telephone surveillance scheme was legal.

A letter (PDF) from the group says a secret court "went beyond its legal authority when it sanctioned a program of domestic surveillance unrelated to the collection of foreign intelligence."

The disclosure of the court order, which The Guardian newspaper did late Wednesday, has roiled Washington, D.C. officialdom -- but most of the debate has centered on the political fallout, not whether the Foreign Intelligence Surveillance Court order was legal … Read more

NSA secretly vacuumed up Verizon phone records

The National Security Agency is vacuuming up records of millions of phone calls made inside the United States, a top secret court order reveals.

A top secret order that was released this afternoon requires Verizon to hand over to the NSA "on an ongoing daily basis" information about all domestic and overseas calls -- "including local telephone calls."

The FBI obtained the secret order, which was disclosed by The Guardian newspaper, from the secret Foreign Intelligence Surveillance Court, which meets behind closed doors and whose proceedings rarely become public. It was signed by FISC Judge Roger … Read more

Supreme Court throws out NSA surveillance case

In a narrow, 5-4 decision, the U.S. Supreme Court rejected a lawsuit challenging a secretive National Security Agency surveillance program.

A majority of the justices ruled (PDF) that the lawsuit, brought by human rights advocates and journalists who believed their electronic communications sent abroad would be intercepted, was "too speculative" to proceed based on fears of "hypothetical future harm."

The plaintiffs, which included Amnesty International and The Nation magazine, had argued that the 2008 amendments to the Foreign Intelligence Surveillance Act -- giving the government virtually unregulated authority to perform bulk surveillance on the international … Read more

Secret document on FISA snooping law released -- sort of

The Electronic Frontier Foundation has been successful in having a secret document released by the U.S. government, that helps U.S. authorities to interpret the federal snooping law, the Foreign Intelligence Services Act (FISA).

The trouble is, the document is pretty much entirely all redacted. (So much for transparency...)

In a nutshell, last month the U.S. Congress reauthorized the FISA Amendments Act for another five years, allowing the U.S. government and its law enforcement agencies to conduct "unconstitutional surveillance," according to the EFF. However, the law is complicated and lengthy, and there is a "… Read more

The snoop state's still alive and well (Anybody notice?)

In mid-December, a good portion of our wired world had a collective cow after Instagram put out a confusing statement about how it planned to treat users' photos. (The company blamed the ensuing uproar on imprecise wording and retreated to its original terms of service.) Oh, we love our photos. Fine. Whatever.

Now compare that uproar with the (relative) sound of silence greeting the five-year extension of extraordinary spying powers handed to the National Security Agency. Even in an age when attention deficit disorder seems to be the default mode, this was something else. In the closing days of 2012, … Read more

Patriot Act can 'obtain' data in Europe, researchers say

European data stored in the "cloud" could be acquired and inspected by U.S. law enforcement and intelligence agencies, despite Europe's strong data protection laws, university researchers have suggested.

A research paper written by legal experts at the University of Amsterdam's Institute for Information Law and titled "Cloud Computing in Higher Education and Research Institutions and the USA Patriot Act" supports previous reports that the antiterror Patriot Act could theoretically be used by U.S. law enforcement to bypass strict European privacy laws to acquire citizen data within the European Union.

The Patriot Act, … Read more

Supreme Court closes door on warrantless eavesdropping suit

The long-standing warrantless spying case ended at the hands of the Supreme Court today. After six years of working its way up through the courts, the Electronic Frontier Foundation's lawsuit against the National Security Agency -- which aimed to hold telecom companies liable for allowing government eavesdropping on U.S. residents -- was terminated.

The Supreme Court declined to review a lower court ruling on the case today, closing the door on further appeals. Its decision did not address the merits of the case.

Hepting v. AT&T was a class-action suit filed by the American Civil Liberties … Read more