[IP] Re: Move over FISA Oversight

[Dave Farber <dave@farber.net>]

-----Original Message-----
From: Lynn [mailto:lynn@ecgincc.com
Sent: Thursday, August 09, 2007 8:29 AM
To: dave@farber.net
Subject: Re: [IP] Re: Move over FISA Oversight

If they were breaking the law, why haven't they been prosecuted? or
stopped? Are they above the law? above the Constitution? I wish someone
could explain this so I can understand.

Lynn
>
> -----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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