[IP] Re: Move over FISA Oversight

[Dave Farber <dave@farber.net>]

-----Original Message-----
From: Serge Egelman [mailto:egelman@cs.cmu.edu] 
Sent: Wednesday, August 08, 2007 1:04 PM
To: dave@farber.net
Subject: Re: [IP] Move over FISA Oversight



One question that I haven't seen anyone in the media ask: What does this
new law allow them to do that they haven't *already* been doing?  Since
some in the Bush Administration have said this law is needed to legalize
some of their surveillance programs, besides being a tacit admission to
breaking the law, this would mean that they've already been doing some
(or many) of the things that have just been legalized.

serge

Dave Farber wrote:
> 
> -----Original Message-----
> From: Malin, Bradley A [mailto:b.malin@Vanderbilt.Edu] 
> Sent: Wednesday, August 08, 2007 12:05 AM
> To: dave@farber.net
> Subject: Move over FISA Oversight
> 
> Sure, this is main stream news, but this law will have an incredible
> amount of influence on the collection and use of U.S. communications
> data (calls, emails, etc.).  This law affects the intelligence
> community's ability to monitor communications with foreigners that are
> overseas, but I wonder when "probable cause" will allow them to sniff
> information that is in the U.S.  For instance, if there is evidence to
> suggest that "foreigners" have adopted technology to use U.S. IP
> addresses (despite the fact that there are many legitimate reasons for
> U.S. citizens using such technology when abroad), will they be able to
> intercept and study such communications?
> 
> The new law is set to expire after 6 months, but what about cases in
> which "sufficient evidence" (interpret that as you may) has been
> gathered?  Will they be able to continue monitoring without judicial
> oversight?  What will happen to the data that is gathered over the next
> six months?  Can that be analyzed after the six month window?  Are we
> creating a block of time in which the data lives in the Wild West?
> 
> Just some thoughts to brighten our morning,
> 
> -brad
> 
> 
> http://www.cnn.com/2007/POLITICS/08/07/terrorist.surveillance.ap/index.h
> tml
> 
> New law changes U.S. eavesdropping rules
> 
> WASHINGTON (AP) -- For the first time in nearly four decades, a senior
> intelligence official -- not a secretive federal court -- will have a
> decisive voice in whether Americans' communications can be monitored
> when they talk to foreigners overseas.
> 
> The shift came over the weekend as Congress hustled through changes to
> the 1978 Foreign Intelligence Surveillance Act, known as FISA.
> 
> The bill provides new powers to the National Security Agency to monitor
> communications that enter the United States and involve foreigners who
> are the subjects of a national security investigation.
> 
> <snip>
> 
> 
> -------------------------------------------

-- 
/*
Serge Egelman

PhD Candidate
Vice President for External Affairs, Graduate Student Assembly
Carnegie Mellon University

Legislative Concerns Chair
National Association of Graduate-Professional Students
*/


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