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Derelict? Perhaps. Complicit? Probable. >FISA specifies two documents for the authorization of surveillance. First, FISA allows the Justice Department to obtai
by tunap 5y ago
Derelict? Perhaps. Complicit? Probable.
>FISA specifies two documents for the authorization of surveillance. First, FISA allows the Justice Department to obtain warrants from the Foreign Intelligence Surveillance Court (FISC) before or up to 72 hours after the beginning of the surveillance. FISA authorizes a FISC judge to issue a warrant if "there is probable cause to believe that ... the target of the electronic surveillance is a foreign power or an agent of a foreign power." 50 U.S.C. § 1805(a)(3).
Emphasis mine.
- ComputerGuru 5y agoSo if surveillance doesn’t last 72 hours (one and done), does this verbiage leave any wiggle room for not needing a FISA warrant?
- remarkEon 5y agoI’m actually kinda interested if the “surveillance” is retroactive. Meaning, do they have 72 hours to go through everything that’s already out there in the ether about you or is it more “you can only look at active communications for 72 hours and after that you need a court order”.
- pc86 5y ago"72 hours after the beginning of surveillance" is pretty clear cut, isn't it? You need a warrant even if you surveille someone for 30 seconds. You just have the ability to get it after the fact.
- ComputerGuru 5y agoThere is never supposed to be a guarantee that you can get the warrant. So you can show up in court and not bother to make a case and then you’ll not get the warrant but have your data.