The FISA Court Knew the NSA Lied Repeatedly About Its Spying, Approved Its Searches Anyway
A secret court opinion from October 2011 that ruled the NSA's surveillance activities unconstitutionalhas finally been unveiled, thanks to a successful challenge by the Electronic Frontier Foundation. The document is heavily redacted, but as it hinges on the NSA's data collection methods, it offers interesting insight.
In short, the FISC court specifically calls out the government for "disclosing a substantial misrepresentation"-lying, although it apparently wasn't perjury-of how large its spying activities were. But it gets even more explicit.
In a review of single-communication transactions and multi-communication transactions (MCTs)-the definition of "transaction" is redacted, but it appears to be a specific definition for communications the NSA might intercept-the FISC specifically notes that the NSA's "minimization procedures" to limit collection of unwanted data are not up to snuff.
Shockingly,
the court notes on page 30 that the NSA "acquires more than two hundred fifty million Internet communications each year persuant to section 702, but the vast majority of these communications are obtained from Internet service providers and are not at issue" in this case. (The ISPs are redacted.)
From there,
the court notes that the NSA's own review of its collected data included hundreds of communications that involved solely domestic recipients, which is wholly illegal even under the broad surveillance powers decreed by Section 702 of the FISA Amendments Act.A pair footnotes from page 35 explain: