funsec mailing list archives

Re: RE: [privacy] Frank Rich: Will the Real Traitors Please S tand Up?


From: "Fergie" <fergdawg () netzero net>
Date: Mon, 15 May 2006 19:47:26 GMT

Now you're getting to the heart(burn) of the matter.

That's the entire reason the secret FISA court was set up;
it's basically a rubber stamp -- the FISA court's track record
has been such that they almost never refuse a National Security
Letter request, subpeona, etc. And they can even do it up to 72
hours after the fact.

The Bush administration simply decided that they didn't have
to get approval from the FISA court -- and even a FISA judge
resigned in protest. No one is above the law, right? There is
supposed to be checks and balances, right?

 http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/

In response to the administration quashing any lawsuits that
are attempting to get at the truth, they simply refuse them on
grounds of National Security:

 http://www.eff.org/deeplinks/archives/004659.php

These telcos need to be held responsible.

I think it is indefensible.

- ferg

...and to think, they want us to trsut them on Network
Neutrality, too. Right.

-- "Jerry Hill" <malaclypse2 () gmail com> wrote:

I must be missing something.  Why in the world would a federal
prosecutor in a high profile case use extra-legal means to obtain
evidence when there is a perfectly good legal channel to go through?
It seems to me that information obtained through the NSA's secret
program is almost certainly unusable in court (because either the
court will disallow it, or the NSA will object to the disclosure of
the source of the information).

I don't know anything about the legal climate in DC, but I know that I
see enough subpoenas for call records come across my desk that the
hurdle to obtain one can't be too high.

-- 
Jerry


--
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawg () netzero net or fergdawg () sbcglobal net
 ferg's tech blog: http://fergdawg.blogspot.com/


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