FBI and NSA requests never denied by secret court
Can you say ‘rubber stamp?’ FBI and NSA requests never
denied by secret court
Bruce Brown Digital Trends April 30, 2016
You likely don’t know much about the U.S. Foreign
Intelligence Surveillance Court. Though it keeps a low profile, this is the
court the Federal Bureau of Investigation and National Security Agency go to
when they want permission to put someone under surveillance. And they don’t get
turned down, according to Reuters, citing a Justice Department memo. In 2015
the court received and approved 1,457 requests from the FBI and NSA. There were
a bit fewer requests in 2014, but all of those were approved as well.
The surveillance requests are for email or telephone
intercepts. If granted, which is apparently always, they generally are carried out
with the assistance of Internet telecommunications service providers.
The Foreign Intelligence Surveillance Court was founded
in 1978 to hear requests by law enforcement and intelligence agencies to
conduct surveillance on foreign suspects present in the U.S. It stands to
reason that if you’re spying on spies, it’s better not to ask for permission in
open court and leave a public paper trail.
The secretive court was set up to scrutinize the requests
in secret, in order to ensure compliance with applicable civil rights
requirements. That all makes sense. That every single request is essentially
approved, however, seems at least curious if not a bit off. The government
response about its perfect record of approvals is that the FBI and NSA are very
careful when applying for surveillance and that the court at times modifies the
requests. In 2014, 19 requests were modified, in 2015, 80 were altered.
The Foreign Intelligence Surveillance Court hears more
than surveillance requests. The FBI can also file National Security Letters
(NSLs), asking Internet and telecommunications providers for customer
information on foreign residents and U.S. citizens. Some NSLs ask for
subscriber names, addresses, and billing information only, while others also
request browsing history. The majority of information requests also come with a
gag order, prohibiting the companies from informing customers of the requests.
No information was provided showing the number of NSLs that were approved or
denied.
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