Tex
09-07-2006, 04:37 AM
Interesting read about a case where the Foreign Intelligence Surveillance Court (FISC) rejected a FISA application, which was overturned on appeal. It also, though I didn't read all of it, goes into FISA and FISC in extreme detail.
http://www.fas.org/irp/agency/doj/fisa/082102appeal.html
From the article under "Conclusion" at the very end of the piece.
"It is respectfully submitted that the judgment of the FISC in this case, including its adoption of the opinion and order of May 17, 2002 and its new Rule 11, should be vacated, and the case remanded with directions to the FISC to grant the FISA application as submitted."
So, here we have a case where the FISC rejected a FISA application and later it was shown to have done so in error. Now, is this the slowdown the government is talking about? That may be. I wonder how many other times this has happened.
Or this could be tied into the Patriot Act and a change that was made to FISA, and now it's been resolved. I haven't read enough to know for sure. It's damn long.
But what if this one time the denial of the application cost us thousands of our citizens' lives?
Again, I agree the president should operate within the law. But if the law as it stands now isn't sufficient in today's highly technological world, then the law needs to be changed to where the process is as fast as possible without having to circumvent the law in the process.
http://www.fas.org/irp/agency/doj/fisa/082102appeal.html
From the article under "Conclusion" at the very end of the piece.
"It is respectfully submitted that the judgment of the FISC in this case, including its adoption of the opinion and order of May 17, 2002 and its new Rule 11, should be vacated, and the case remanded with directions to the FISC to grant the FISA application as submitted."
So, here we have a case where the FISC rejected a FISA application and later it was shown to have done so in error. Now, is this the slowdown the government is talking about? That may be. I wonder how many other times this has happened.
Or this could be tied into the Patriot Act and a change that was made to FISA, and now it's been resolved. I haven't read enough to know for sure. It's damn long.
But what if this one time the denial of the application cost us thousands of our citizens' lives?
Again, I agree the president should operate within the law. But if the law as it stands now isn't sufficient in today's highly technological world, then the law needs to be changed to where the process is as fast as possible without having to circumvent the law in the process.