Yesterday EJ Dionne wrote on the manner in which Evil George Bush forced Nancy Pelosi and the House Dems under her "leadership" to mimic cheap suitcases with the NSA/FISA bill.
Captain Ed was cryptic; K Drum was interesting but full of excuses.
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The following addresses cboldt’s “definition” of TSP.
Which is fairly close to cboldt’s claim except that TSP is the label applied to the collateral foreign-US communications that are incidental to legitimate collection of foreign-foreign communications. IOW it doesn’t “exclude” that category, rather it is a subsection of it, and hence distinct in that sense.
The AG letter also bolsters cboldt's court order claim.
Posted by: boris | August 16, 2007 at 10:49 AM
From Taipale’s http://foreign-intelligence.info/FISA-050107.pdf”>Statement to Senate Select Committee on Intelligence May 1, 2007
The FISC Orders of January 10, 2007
Details of the FISC orders issued January 10, 2007 (authorizing certain activities previously carried out pursuant to Presidential authority under the NSA Terrorist Surveillance Program) have not been publicly disclosed and the Justice Department has indicated that it is not prepared to release the orders to the public. Speculation about the nature of the FISC orders has included discussion of whether they take the form of “anticipatory warrants” that would authorize surveillance in the future if certain factual predicates were to occur (including, for example, a known terrorist communicating with a someone in the U.S.).
The Department of Justice has specifically denied, however, that these orders are “programmatic” in nature thus it is unlikely that they provide sufficient solution to the entirety of the problem of reconciling foreign signals intelligence activities with targeted domestic surveillance as discussed in these comments.
Posted by: boris | August 16, 2007 at 12:26 PM
Yet Another Scenario:
Arguendo: In order to acquire all available purely foreign communications of a foreign target (on US nodes) it is technically necessary to first acquire all communications of the target.
In Jan 2007 the admin and FISA court agree that accessing purely foreign communications of a foreign target on US nodes provides adequate reason to grant a court order for anticipatory warrants covering collateral or incidental acquisition of foreign-to-US communication.
In Apr 2007 Judge Fubar UNEXPECTEDLY declares accessing purely foreign communications of a foreign target on a US node is inadequate reason to grant a court order for anticipatory warrants. Or imposes an impractical level of documentation to implement renewal of the court order. Or Judge Fubar believed that the excuse of occasional collateral, incidental acquisition was being exploited to perform deliberate acquisition of foreign-to-US communications without adequate oversight. Or ... etc
Posted by: boris | August 16, 2007 at 12:48 PM
Sorry broken link ...
Taipale’s Statement to Senate Select Committee on Intelligence May 1, 2007
Posted by: boris | August 16, 2007 at 12:58 PM
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