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FISA and NSA Warrantless Snooping
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The New York Times reported in December 2005 that the National Security Agency was conducting warrantless electronic surveillance of American citizens within the United States. This extra-judicial eavesdropping on US persons violated the Foreign Intelligence Surveillance Act, which Congress intended to be the exclusive framework for electronic surveillance in the US. The full extent and details of the NSA program are still not known.

Resources and background materials on the Foreign Intelligence Surveillance Act and NSA warrantless surveillance program.

Headlines

House Passes Compromise Surveillance Bill - CDT applauded the House of Representatives today for passing a compromise intelligence surveillance bill. CDT urges the Senate to adopt the bill's provisions protecting privacy and promoting accountability. The House bill requires prior judicial authorization of procedures governing surveillance targeting people abroad who may be communicating with people in the U.S., but does not require individual orders in such cases. While the bill rejects blanket retroactive immunity for telecoms that assisted with illegal warrantless surveillance, it would allow the companies to use national security information in defending themselves against litigation. March 14, 2008

CDT Urges Support for Compromise FISA Bill - Calling the legislation a "responsible compromise," the Center for Democracy & Technology urged members of Congress to support a House leadership bill amending the Foreign Intelligence Surveillance Act. The House is expected to vote this week on the legislation, which represents a compromise between a measure previously passed by the House and a competing Senate version favored by the Administration. In a letter to members of the House, CDT explained how the new bill provides flexibility to intelligence agencies conducting surveillance and at the same time includes key checks and balances to protect civil liberties. March 12, 2008

Supreme Court Declines to Hear Wiretap Case - The Supreme Court today turned aside a legal challenge to the Administration's warrantless wiretaps, declining to review a lower court decision dismissing the case because the names of those being spied on are secret. "The Court's decision allows the government to avoid accountability for its actions, making it less likely that we'll ever get a legal ruling on whether the government's warrantless wiretapping program broke the law," said Gregory T. Nojeim, director of CDT's Project on Freedom, Security & Technology. "It's all the more critical now that Congress tighten the law to make sure judicial orders are required for surveillance in the future." February 19, 2008

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