Secret U.S. court OKs electronic spying
By Declan McCullagh
Staff Writer, CNET News.com
November 18, 2002
update WASHINGTON--A secretive federal court on Monday granted police broad authority to monitor Internet use, record keystrokes and employ other surveillance methods against terror and espionage suspects.
The 56-page ruling removes procedural barriers for federal agents conducting surveillance under the 1978 Foreign Intelligence Surveillance Act (FISA). The law, enacted as part of post-Watergate reforms, permits sweeping electronic surveillance, telephone eavesdropping and surreptitious searches of residences and offices.
At a press conference Monday afternoon,
Ashcroft applauded the ruling, characterizing it as a "victory for liberty, safety and the security of the American people."
...
The lower court, called the Foreign Intelligence Surveillance Court, had said there must be a well-defined wall separating domestic police agencies from spy agencies. It accused the
FBI of submitting incorrect information under oath in more than 75 cases, including one signed by then-FBI Director Louis Freeh.
Justice Department lawyers argued that the USA Patriot Act, signed by President George W. Bush last fall, made any such wall obsolete and unnecessary. The Patriot Act also changed the requirements for FISA surveillance, saying that
espionage or terrorist acts did not have to be the primary purpose of the investigation but only a "significant purpose."
The review court agreed with Ashcroft, even suggesting that greater use of FISA surveillance conceivably could have thwarted the Sept. 11 terrorist attacks. It ruled that Ashcroft's proposed procedures,
"if they do not meet the minimum Fourth Amendment warrant requirements, certainly come close." {:eek:! - madison}
Civil libertarians said they were alarmed by the ruling,
the public version of which was censored for security reasons.
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