Bulk Data Collection is Like a Cockroach We Can't Kill

From Reason:

A judge of the Foreign Intelligence Surveillance Court has ruled that in light of the USA Freedom Act's passage, the National Security Agency (NSA) may resume bulk collection of American's telephone records. In May, the 2nd U.S. Circuit Court of Appeals had halted the process after finding that the Patriot Act never authorized such activity.

So "in light of" a law that basically ended authorization for the practice, and despite a court ruling that the original law never authorized the practice, the NSA is going to continue the practice.

Apparently John Roberts does all the FISA court judge appointments.  It may be that we can never prevent this court from being captured by the NSA, but it is at least time to try a different approach to choosing these up-to-now rubber stamp judges.  My memory may be off, but I don't think the FISA court has ever turned down a data hoovering request.

  • morgan.c.frank

    the SEC has a court just like this. they appoint their own judges and THEY get to decide if they try you in this court or a real one.

    i think the conviction rate may well be 100%.

    having your own star chamber is all the rage at government agencies these days.

  • http://devilish-details.blogspot.com/ mesaeconoguy

    The SEC recently backed off of some of that, but you are exactly correct, morg. This is the rise of The Administrative State.