Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

eff.org

Post reply on HN
Print view View original

11–20 of 143 posts

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#11

Post by sp332 »

jlgreco wrote: post #9
DannyBee wrote: post #4

Earlier quoted context omitted.

They will release a redacted version of the opinion in question, and a redacted version of exactly one paragraph from a classified whitepaper given to congress on it. In both cases, how redacted they will be is up in the air. They requested an extension until August 21st to do this (original deadline was August 12th). The EFF "reluctantly did not oppose this"

> They requested an extension until August 21st to do this (original deadline was August 12th). I don't get it; how long could it possibly take to redact such documents? Is there somebody toiling 8 hours a day for 7 or 8 more days, scrambling to get this done in time? Or are they lazily just sticking it on the backburner of some intern?

There's probably some fighting going on about what exactly should be redacted or preserved.

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#12

Post by fragsworth »

DannyBee wrote: post #4
Moral_ wrote: post #2

Can anyone turn this lawyer speak into something the layman tech person can understand, please?

They will release a redacted version of the opinion in question, and a redacted version of exactly one paragraph from a classified whitepaper given to congress on it. In both cases, how redacted they will be is up in the air. They requested an extension until August 21st to do this (original deadline was August 12th). The EFF "reluctantly did not oppose this"

It's really unfortunate that secret courts aren't unconstitutional. You would think that one should have been obvious.

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#13

Post by AUmrysh »

jlgreco wrote: post #9
DannyBee wrote: post #4

Earlier quoted context omitted.

They will release a redacted version of the opinion in question, and a redacted version of exactly one paragraph from a classified whitepaper given to congress on it. In both cases, how redacted they will be is up in the air. They requested an extension until August 21st to do this (original deadline was August 12th). The EFF "reluctantly did not oppose this"

> They requested an extension until August 21st to do this (original deadline was August 12th). I don't get it; how long could it possibly take to redact such documents? Is there somebody toiling 8 hours a day for 7 or 8 more days, scrambling to get this done in time? Or are they lazily just sticking it on the backburner of some intern?

They're probably carefully going over the specific legal interpretation of every word, phrase, and sentence being released in order to cover their own asses legally and politically.

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#14

Post by jlgreco »

sp332 wrote: post #11
jlgreco wrote: post #9

Earlier quoted context omitted.

> They requested an extension until August 21st to do this (original deadline was August 12th). I don't get it; how long could it possibly take to redact such documents? Is there somebody toiling 8 hours a day for 7 or 8 more days, scrambling to get this done in time? Or are they lazily just sticking it on the backburner of some intern?

There's probably some fighting going on about what exactly should be redacted or preserved.

Hmm, that makes sense.

Not really knowing what sort of thing information is in court decisions, what is likely the sort of thing that will be redacted? Names of example programs/agents/terrorists I guess? I don't know if it would make sense for that sort of thing to be in the decision. Or are they likely going to redact more than just supporting information?

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#16

Post by tehwalrus »

fragsworth wrote: post #12
DannyBee wrote: post #4

Earlier quoted context omitted.

They will release a redacted version of the opinion in question, and a redacted version of exactly one paragraph from a classified whitepaper given to congress on it. In both cases, how redacted they will be is up in the air. They requested an extension until August 21st to do this (original deadline was August 12th). The EFF "reluctantly did not oppose this"

It's really unfortunate that secret courts aren't unconstitutional. You would think that one should have been obvious.

the US can always pass a new amendment. (I mean, if you can persuade the legislature.)

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#17

Post by famousactress »

makerops wrote: post #15

Buy stock in whatever company the DoJ buys their black markers from.

If momentum builds behind an internet blackout a-la the SOPA protest, that'd be a clever way to do it.. write some js/css that black-marker-redacts the page contents.

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#18

Post by eggoa »

fragsworth wrote: post #12
DannyBee wrote: post #4

Earlier quoted context omitted.

They will release a redacted version of the opinion in question, and a redacted version of exactly one paragraph from a classified whitepaper given to congress on it. In both cases, how redacted they will be is up in the air. They requested an extension until August 21st to do this (original deadline was August 12th). The EFF "reluctantly did not oppose this"

It's really unfortunate that secret courts aren't unconstitutional. You would think that one should have been obvious.

Article III of the constitution is amazingly brief. It doesn't even explicitly create the supreme court's power to determine constitutionality.

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#19

Post by jivatmanx »

At a point in our nation's early history, we decided to trust Constitutional interpretation to the Supreme Court. There were cons to that decision - the Constitution is our social contract and thus it's interpretation is ultimately up to the people - but on the whole I think it was a good one.

But, if for whatever reason, this Judicial review cannot occur - whether that be willful avoidance by the DEA for "Parallel Construction", or various activities related to the FISA Star Chamber - that's a problem that needs to be solved, lest the constitution lack any enforcement ability whatsoever.

Re: Obama to release FISA court opinion that ruled NSA surveillance unconstitutional

#20

Post by 001sky »

ihsw wrote: post #10
mullingitover wrote: post #8

It's fascinating that the situation is such a mockery of the rule of law, yet it keeps on rolling. If the FISA decided that the NSA's activities were illegal, why would it keep rubber-stamping the warrants? It seems like at that point it should deny every single request going forward until the illegal activities have stopped. Is there a process for impeaching the FISA judges for malfeasance?

It's a matter of official policy to include legal loopholes that enable the Federal government to assert its power rather than comply with the law.

This would be an interesting fodder for case studies... Any empirical examples for benchmarking?
Post reply on HN