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Most Wanted Surveillance Answers
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Most Wanted Surveillance Answers

  1. Is the government currently conducting any warrantless surveillance in the U.S. other than that explicitly authorized by the Foreign Intelligence Surveillance Act (FISA)?
  2. Since September 11, 2001, has the government conducted any warrantless surveillance in the U.S. other than through the warrantless surveillance program the President has acknowledged in late 2005, or as explicitly authorized by FISA?
  3. The President described the warrantless surveillance program as being focused on communications between subjects in the United States and subjects in other countries. Since September 11, 2001 has the government engaged in any warrantless interception of domestic-to-domestic communications? Have such interceptions been considered, and if so, what would be the legal authority for such surveillance?
  4. The legal standard for warrantless surveillance program the President acknowledged has been variously described as "reasonable suspicion" and "probable cause" that the target of surveillance is an agent of a foreign power. What legal standard was used:
    • In October, 2001, when the program began?
    • In March 2004, when the top DOJ and FBI officials threatened to resign because they did not believe the program supported by the law?
    • Today?
  5. Did the warrantless surveillance program always require that at least one targeted party be a member of Al-Qaeda or an affiliated terrorist organization?
  6. How did the warrantless surveillance program change over time?
  7. What did the Attorney General say to the President that persuaded the President to terminate the DOJ Office of Professional Responsibility investigation into the warrantless surveillance program by denying necessary security clearances to officials of OPR?
  8. When did the government first apply to the Foreign Intelligence Surveillance Court seeking court authorization for the surveillance it had previously conducted without court approval?
  9. Do the FISC orders under which the surveillance is now conducted name or identify an individual, as is required by the Fourth Amendment, or are they programmatic in the sense that they authorize a general program of surveillance?
  10. Those orders were issued in January and were presumably re-issued in April just prior to their 90-day expiration date. Do the original orders differ from those issued approximately 90 days later, and if so, how?
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