FISA Court

The Only Telecom CEO to Refuse NSA Spy Demands Has Been Released from Jail

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Here’s a really interesting story that many people may not be familiar with. By now, we all know that every single major telecom CEO bent over submissively the minute the NSA came calling for data. Except one. A forgotten man in the entire NSA spy scandal is Joseph Nacchio, former CEO of Qwest, who actually refused to participate in the NSA’s illegal activities when they first propositioned him in 2001. Several years later, he was convicted of insider trading.

Perhaps I’m just a conspiracy theorist, but I find it quite coincidental that a country which lets Jon Corzine off the hook, a country where not a single CEO or executive of a financial institution was indicted with regard to the 2008 crisis, a country where James Clapper lies to Congress about the NSA and face zero repercussions; that in such a country the only major corporate CEO to go to jail for financial crimes is the one that refused to play ball with the NSA.

Well it seems the man himself shares such sentiments, and he continues to express them. Mr Nacchio was released from his four and a half year sentence on September 20th. More from the Washington Post:

Just one major telecommunications company refused to participate in a legally dubious NSA surveillance program in 2001. A few years later, its CEO was indicted by federal prosecutors. He was convicted, served four and a half years of his sentence and was released this month.

Prosecutors claim Qwest CEO Joseph Nacchio was guilty of insider trading, and that his prosecution had nothing to do with his refusal to allow spying on his customers without the permission of the Foreign Intelligence Surveillance Court. But to this day, Nacchio insists that his prosecution was retaliation for refusing to break the law on the NSA’s behalf.

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Another Obama Lie: The Secret FISA Court Admits it isn’t Capable of Oversight

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This program, by the way, is fully overseen not just by Congress, but by the FISA Court — a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them, and that it’s being carried out consistent with the Constitution and rule of law.

– President Barack Obama on June 7, 2013 (transcript here)

The leader of the secret court that is supposed to provide critical oversight of the government’s vast spying programs said that its ability to do so is limited and that it must trust the government to report when it improperly spies on Americans.

– Washington Post article: Court: Ability to police U.S. spying program limited

I originally used the very top quote in my piece a month ago titled: Meet the Secret Supreme Court of the United States. In it, I pointed out how entirely ridiculous it is for Obama to tell us to rest assured there is oversight on the NSA spying as a result of the FISA Court, a secret court with secret “classified” rulings. Well now we find out that it is even more ridiculous than that, as the leader of the secret court itself admits it is incapable of doing its job. So is Barack Obama just completely clueless, or is he a pathological liar? You know what I think. From the Washington Post:

The leader of the secret court that is supposed to provide critical oversight of the government’s vast spying programs said that its ability to do so is limited and that it must trust the government to report when it improperly spies on Americans.

“The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie B. Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.”

The court’s description of its practical limitations contrasts with repeated assurances from the Obama administration and intelligence agency leaders that the court provides central checks and balances on the government’s broad spying efforts. They have said that Americans should feel comfortable that the secret intelligence court provides robust oversight of government surveillance and protects their privacy from rogue intrusions.

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Meet the NSA’s “Fat Finger”

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James R. Clapper Jr., the director of national intelligence, has acknowledged that the court found the NSA in breach of the Fourth Amendment, which prohibits unreasonable searches and seizures, but the Obama administration has fought a Freedom of Information lawsuit that seeks the opinion.

Generally, the NSA reveals nothing in public about its errors and infractions. The unclassified versions of the administration’s semiannual reports to Congress feature blacked-out pages under the headline “Statistical Data Relating to Compliance Incidents.”

From the Washington Post’s groundbreaking article from last evening

For those of you not familiar with Wall Street lingo, people in the financial industry refer to an outsized move in the markets resulting from a human error as a “fat finger,” ie someone pressed the wrong key when placing an order. Unfortunately for us all, it appears the NSA has a surveillance fat finger. Who would’ve guessed it!

In this case, I am referring to last night’s Washington Post article in which the paper reveals that the NSA intercepted a “large number” of calls within the Washington D.C. area supposedly because they mistook D.C.’s area code with the country code of Egypt. Um, ok.

However, that’s just the tip of the iceberg. There are countless disturbing revelations outlined in this article, one that was based on documents provided by Edward Snowden, the gift that keeps on giving. Another disturbing fact is that the NSA appears to have purposely withheld information from the parties that are supposed to be overseeing it in order to hide its crimes. Oh, and Mr. President of Transparency Obama is fighting to prevent the public from seeing the opinion of the FISA court that states NSA activities are unconstitutional.  More from the Washington Post:

The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.

In one instance, the NSA decided that it need not report the unintended surveillance of Americans. A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused the U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.

In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.

The Obama administration has provided almost no public information about the NSA’s compliance record. In June, after promising to explain the NSA’s record in “as transparent a way as we possibly can,” Deputy Attorney General James Cole described extensive safeguards and oversight that keep the agency in check. “Every now and then, there may be a mistake,” Cole said in congressional testimony.

I suppose in NSA lingo “every now and then” means thousands of times a year.

“We’re a human-run agency operating in a complex environment with a number of different regulatory regimes, so at times we find ourselves on the wrong side of the line,” a senior NSA official said in an interview, speaking with White House permission on the condition of anonymity.

Anonymity for them, transparency for us!

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Meet the Secret Supreme Court of the United States

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This program, by the way, is fully overseen not just by Congress, but by the FISA Court — a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them, and that it’s being carried out consistent with the Constitution and rule of law.

– President Barack Obama on June 7, 2013 (transcript here)

Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public. A Court of Review is empaneled to hear appeals, but that is known to have happened only a handful of times in the court’s history, and no case has ever been taken to the Supreme Court. In fact, it is not clear in all circumstances whether Internet and phone companies that are turning over the reams of data even have the right to appear before the FISA court.

– From the July 6, 2013 New York Times article: In Secret, Court Vastly Broadens Powers of N.S.A.

One of the most incredible things that has occurred in the aftermath of Edward Snowden’s NSA leaks has been President Barack Obama’s laughable attempt to justify the spying by claiming the process has judicial oversight, as he did in the quote above. What he fails to mention of course is the fact that the FISA court that signs off on all these activities is a secret court, the opinions of which are never made public. Does he think the American public is so brain-dead it is incapable of recognizing the difference between a regular court of law and a secret one? Apparently he does.  For those of you that have yet to get up to speed on America’s “parallel Supreme Court,” which also disturbingly happens to constructs its own laws, please read the article below from The New York Times:

WASHINGTON — In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage and cyberattacks, officials say.

The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny, according to current and former officials familiar with the court’s classified decisions.

The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.

Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public. A Court of Review is empaneled to hear appeals, but that is known to have happened only a handful of times in the court’s history, and no case has ever been taken to the Supreme Court. In fact, it is not clear in all circumstances whether Internet and phone companies that are turning over the reams of data even have the right to appear before the FISA court.

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