RLENT
Veteran Expediter
From John Glaser @ Anti-War.com:
ACLU: NSA's PRISM Program is Doubly Illegal « Antiwar.com Blog
The executive branch's Privacy and Civil Liberties Oversight Board (PCLOB) issued a report back in December that was devastating to the Obama administration's claims that NSA surveillance is both legal and effective in providing security. The report concluded that, in fact, the bulk collection of phone records under Section 215 of the FISA Amendments Act (FAA) doesn't yield valuable intelligence and violates the rights of Americans.
The PCLOB had sought input from the American Civil Liberties Union (ACLU) to complete that report. Now, another report is in the works that may be even more devastating to the defenders of limitless NSA surveillance. The new report will focus on the PRISM program which taps into servers of internet providers and tech companies to directly spy on the content of user data. The FAA supposedly authorizes this sweeping surveillance in its Section 702.
But the ACLU is arguing that programs like PRISM are doubly illegal. In talking with the PCLOB, the ACLU is arguing not only that the NSA's implementation of Section 702 authorities violates what the statute actually authorizes, but also that the FAA itself is illegal in that it violates the Constitution.
In testimony provided to the board in advance of today's meeting, the ACLU argues - as it has in litigation, notably in Amnesty International USA v. Clapper and United States v. Muhtorov - that the FAA is unlawful. The statute violates the Fourth Amendment because it permits the warrantless surveillance of American's international communications on a truly massive scale. The testimony also makes the case that the government's implementation of the FAA - about which we've learned much over the past nine months - violates the text of the statute itself:
First, while the statute was intended to augment the government's authority to collect international communications, the NSA's targeting and minimization procedures give the government broad authority to collect purely domestic communications as well. Second, while the statute was intended to give the government authority to acquire communications to and from the government's targets, the NSA's procedures also permit the government to acquire communications "about" those targets. And, third, while the statute prohibits so-called "reverse targeting," the NSA's procedures authorize the government to conduct "backdoor" searches of communications acquired under the FAA using selectors associated with particular, known Americans. Thus, even if the statute itself is lawful, the NSA's implementation of it is not.
(Article continues at link below)
ACLU: NSA's PRISM Program is Doubly Illegal « Antiwar.com Blog