FISA

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Who’s a Radical Now?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:10am

The Bipartisan Policy Center published a report last week called, “Countering Online Radicalization in America,” which strongly endorsed First Amendment principles in rejecting censorship as an appropriate tactic for addressing violent extremist content on the Internet.  The report evaluated the many methods governments around the world use to censor the Internet – including filtering or blacklisting online content, taking down websites (either through legal means, cyber attacks or appealing to private sector providers), and prosecuting Internet content producers – and rejected them all as both ineffective in stopping the spread of undesirable ideas, and an affront to American values: “For the United States, the cost-benefit analysis would be even clearer:  with its long and cherished tradition of free speech, the creation of a nationwide system of censorship is virtually inconceivable.”  But the BPC’s positive recommendations are potentially undermined by its continuing embrace of a radicalization theory that draws too close a causal connection between “radical” ideas and violent action.

Warrantless Wiretapping Program Expires in Three Weeks: What Will the Senate Do?

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 10:39am

As we've told you many times, we believe the FISA Amendments Act is unconstitutional and have taken it to the Supreme Court . There’s not a vote in sight in the Senate. Frankly, that’s not a bad thing. We won't be disappointed if it sunsets on Dec. 31, as scheduled.

However, it's likely the Senate will eventually vote to reauthorize FISA, and its extraordinary authority to collect international communications coming in and out of the U.S. without a warrant. But senators Wyden, Leahy, Merkley and Tester are working hard to offer amendments that would increase transparency about the use of this very powerful spying law and insert common- sense protections for Americans' information.

Third Time’s Not the Charm When Asking about Warrantless Wiretapping

By Robyn Greene, ACLU Washington Legislative Office at 5:35pm

How many different ways does Sen. Ron Wyden (D-OR) have to ask the government the number of Americans it has spied on under its warrantless wiretapping program before he can get a straight answer?  So far, it’s at least three and counting.

Wyden’s public inquiry concerning surveillance of Americans under the FISA Amendments Act (FISA) started with a letter to the Office of the Director of National Intelligence (DNI) in July 2011.  The DNI told him “it is not reasonably possible to identify the number” of Americans who had been spied on.

Next Monday at the Supreme Court: Trying to Stop the NSA’s Unconstitutional Overreach

By Josh Bell, Media Strategist, ACLU at 3:38pm

The next time you send an email or make a phone call to a friend outside the country, consider this: the National Security Agency could be making a copy of your communication and storing it.

Warrantless Wiretapping at the Supreme Court

By Ateqah Khaki at 7:07pm

Today, we filed our brief with the Supreme Court in our lawsuit challenging the FISA Amendments Act, the 2008 law that ratified and expanded the National Security Agency’s warrantless wiretapping program.  (You can read our brief here.)

The Foreign Intelligence Surveillance Act – FISA – is a post-Watergate statute that was meant to rein in and regulate domestic surveillance undertaken in the name of national security. In 2008, Congress amended the statute, giving the National Security Agency unprecedented power to conduct dragnet surveillance of Americans’ international communications. The ACLU immediately challenged the law, but the government has tried to keep our case out of court.

House Reauthorizes Warrantless Wiretapping Program

By Ateqah Khaki at 5:53pm

Today, the House of Representatives passed a reauthorization of the 2008 FISA Amendments Act, an unconstitutional domestic spying law that gives vast, unchecked surveillance authority to the government. The law, passed in July of 2008, authorizes the National Security Agency to conduct dragnet surveillance of Americans’ international emails and phone calls.

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