Move over FISA Oversight

["Dave Farber" <dave () farber net>]

-----Original Message-----
From: Malin, Bradley A [mailto:b.malin () Vanderbilt Edu] 
Sent: Wednesday, August 08, 2007 12:05 AM
To: dave () farber net
Subject: Move over FISA Oversight

Sure, this is main stream news, but this law will have an incredible
amount of influence on the collection and use of U.S. communications
data (calls, emails, etc.).  This law affects the intelligence
community's ability to monitor communications with foreigners that are
overseas, but I wonder when "probable cause" will allow them to sniff
information that is in the U.S.  For instance, if there is evidence to
suggest that "foreigners" have adopted technology to use U.S. IP
addresses (despite the fact that there are many legitimate reasons for
U.S. citizens using such technology when abroad), will they be able to
intercept and study such communications?

The new law is set to expire after 6 months, but what about cases in
which "sufficient evidence" (interpret that as you may) has been
gathered?  Will they be able to continue monitoring without judicial
oversight?  What will happen to the data that is gathered over the next
six months?  Can that be analyzed after the six month window?  Are we
creating a block of time in which the data lives in the Wild West?

Just some thoughts to brighten our morning,

-brad


http://www.cnn.com/2007/POLITICS/08/07/terrorist.surveillance.ap/index.h
tml

New law changes U.S. eavesdropping rules

WASHINGTON (AP) -- For the first time in nearly four decades, a senior
intelligence official -- not a secretive federal court -- will have a
decisive voice in whether Americans' communications can be monitored
when they talk to foreigners overseas.

The shift came over the weekend as Congress hustled through changes to
the 1978 Foreign Intelligence Surveillance Act, known as FISA.

The bill provides new powers to the National Security Agency to monitor
communications that enter the United States and involve foreigners who
are the subjects of a national security investigation.

<snip>


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