Friday, December 16, 2005

Illegality of NSA Spying on Americans

I just wanted to echo what Shakespearer's Sister said about the report that Bush signed an order allowing the NSA to spy on US citizens without a warrant.
This is against the law.
...
Here is the Foreign Intelligence Surveillance Act. Its Section 1809a makes it a criminal offense to "engage in electronic surveillance under color of law except as authorized by statute."
FISA does authorize surveillance without a warrant, but not on US citizens (with the possible exception of citizens speaking from property openly owned by a foreign power; e.g., an embassy.)
FISA also says that the Attorney General can authorize emergency surveillance without a warrant when there is no time to obtain one. But it requires that the Attorney General notify the judge of that authorization immediately, and that he (and yes, the law does say 'he') apply for a warrant "as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance."

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