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Today's ruling should be a lesson for future NSA/CIA/DOD/FBI/etc. leakers: get your hands on those original documents. Telling reporters about illegal activity,
by declan 11y ago
Today's ruling should be a lesson for future NSA/CIA/DOD/FBI/etc. leakers: get your hands on those original documents. Telling reporters about illegal activity, without those documents, isn't enough.
We've known about the NSA's illegal domestic surveillance of Americans' phone records via leaks for almost a decade. USA Today disclosed it in May 2006, and there were congressional hearings, etc. (I wrote about it for CNET at the time as well): http://yahoo.usatoday.com/news/washington/2006-05-10-nsa_x.htm http://yahoo.usatoday.com/news/washington/2006-05-10-nsa_x.h...
But it wasn't until Edward Snowden leaked the actual secret court orders -- which the executive branch was forced to acknowledge were legitimate -- that the lawsuits could be filed, which resulted in today's ruling that the domestic surveillance is illegal. (The court held that NSA's phone "metadata program exceeds the scope of what Congress has authorized and therefore violates §215.")
Three other thoughts:
* What's been made public about the Patriot Act 215 metadata program refers only to metadata collection of Americans' phone calls. There's no reason to think that 215 domestic surveillance is limited to phone calls -- phone companies including VZ, AT&T, etc. rolled over for the Feds on phone metadata. Why wouldn't they turn over email metadata as well? (DOJ previously confirmed that 215 "has been used to obtain driver's license records, hotel records, car rental records, apartment leasing records, credit card records, and the like.") http://www.justice.gov/nsd/justice-news-0 http://www.justice.gov/nsd/justice-news-0
* DNI James Clapper lied to Congress about the existence of NSA's 215 phone metadata vacuum. I wonder how things would have turned out differently if he had told the truth? (On the other hand, he never got fired for it and still has his job.)
* Now that an appeals court has ruled that NSA illegally used Patriot Act 215 to vacuum up Americans' phone metadata, I guess we don't need to worry about renewing it?