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I would be interested in a review of applicable law which would limit the effect of a US FISA court order. I'm not aware of anything that would prevent the cou
by jhayward 7y ago
I would be interested in a review of applicable law which would limit the effect of a US FISA court order.
I'm not aware of anything that would prevent the court from ordering a vendor to implement features to effectuate surveillance ordered by the court.
- dragonwriter 7y agoFISC/FISCR don't order surveillance, they permits it; the only compulsory powers they have are to limit the scope and conditions of the surveillance permitted, and that's binding on the government under FISA, which criminalizes certain surveillance unless authorized by FISC/FISCR. And that's a pretty weak compulsion, since the people who are bound are the people who would ordinarily prosecute any federal crime, and they probably aren't interested in prosecuting themselves.
- jhayward 7y agoFISA courts issue warrants, which are court orders. All US courts have the power of the writ which means they can issue further orders to effectuate an order or ruling. So a court can order a company to assist the government in the execution of a warrant. This is pretty long-settled law. The fact that some government agent applies for the warrant does not alter the fact that the warrant, once granted, is an order nor does it remove the power of the writ for further orders to effectuate the warrant.