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Tag Archives: EFF
ACLU et al sue US government over consitutionality of FISA Amendments Act
Last Wednesday was a pretty dark day for me and millions of other constitution-loving people when Congress passed the the FISA Amendments Act that included retroactive immunity for US telecommunications companies who'd participated in the Bush administration's illegal warrantless wiretapping program of US citizens. Well, a little ray of sunshine just broke through those dark clouds when, according to Threat Level (Wired News blog), the American Civil Liberties Union (ACLU) filed suit Thursday (along with the Electronic Frontier Foundation (EFF)), challenging the constitutionality of the act. The ACLU contends (.pdf) that the expanded spying power violates the Constitution's prohibition on unreasonable searches and seizures. If you can afford it, please consider donating to one or both of those orgs (link to EFF, ACLU) so they can keep up the good fight! (disclosure: I'm a proud EFF member!). UPDATE: Glenn Greenwald has more including a podcast interview with Jameel Jaffer, the Director of the ACLU's National Security Project. [Thanks BoingBoing!] Continue reading
EFF’s FOIA request nets 1000+ FBI docs on USAPA abuses
The Electronic Frontier Foundation has posted the first set (1,138 pages) of documents on the FBI's misuse of national security letter authority that they received from a freedom of information act request. The first of many sets of documents can be viewed here. EFF will release more documents next month and periodically over the coming months as they receive them. Read the Department of Justice Office of the Inspector General report revealing extensive misuse of NSLs ("A Review of the Federal Bureau of Investigation's Use of National Security Letters" [PDF]) that led to the EFF's FOIA request.
3 in one day! I hope this makes up for the fact that we don't have a guest blogger this month. But rest assured, we've got someone in line for August! [Thanks BoingBoing!] Continue reading
- More than 350 pages describing investigative missteps that the FBI considered disclosing to the Intelligence Oversight Board, which receives reports on intelligence gathering activities that violate guidelines, laws, or presidential orders. (See Parts 4, 5, and 6 of the FOIA documents, all PDFs.) These pages detail numerous NSL-related blunders -- most often agents making typographical errors that resulted in receipt of information about the wrong people, and ISPs handing over too much (or wrong) data to the FBI. The Bureau usually did not refer these matters to the Intelligence Oversight Board, often chalking them up to administrative errors or third-party mistakes. The FBI also decided against opening internal investigations into many of the incidents.
- The FOIA documents show, however, that several cases were forwarded to the Board between April 2005 and February 2007. Attorney General Alberto Gonzales was copied on these referrals, despite congressional testimony in April 2005 that he was unaware of any civil liberties violations arising from the PATRIOT Act, and a March 2007 speech in which he claimed to be “upset†and "concerned" by the inspector general's findings.
- Copies of more than 60 "exigent letters" [PDF] sent by FBI headquarters to three telecomunications companies. The inspector general determined that the FBI's use of these short form letters, which cryptically asked for telephone records because of unspecified "exigent circumstances," circumvented the law and violated FBI guidelines and policies.
- A government proposal [PDF] to expand the NSL provision of the Electronic Communications Privacy Act written after the inspector general's report was released.
- Various model NSLs, which give us a good sense of what the demands look like, and memos providing guidance on proper use of NSL authority. (See Parts 1 and 2 of the FOIA documents, both PDFs.)
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