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Daily Archives: December 21, 2005

FISA Court Judge Resigns In Response to Domestic Surveillance Program

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Via FAS: “The Foreign Intelligence Surveillance Court was created by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). It was originally comprised of seven district judges from seven circuits named by the Chief Justice of the United States to serve a maximum of 7 years. In 2001, the U.S.A. Patriot Act (section 208) amended the Foreign Intelligence Surveillance Act to increase the number of FIS Court judges from seven to eleven, “of whom no fewer than 3 shall reside within 20 miles of the District of Columbia.”

  • News from several sources, including AP, and the Washington Post, on continued repercussions from the disclosure of domestic spying: U.S. District Judge James Robertson, in a letter to Chief Justice John G. Roberts Jr., delivered the evening of December 20, resigned from the FISA Court (he was appointed on 5/19/02). Although he provided no details in his resignation letter, reports indicate that his action was prompted by opposition to the warrantless surveillance program authorized by the President. and documented in previous postings.
    Related news:

  • New York Times: Spying Program Snared U.S. Calls: “A surveillance program approved by President Bush to conduct eavesdropping without warrants has captured what are purely domestic communications in some cases, despite a requirement by the White House that one end of the intercepted conversations take place on foreign soil, officials say.”

    • Opposing Views on Patriot Act Reauthorization Presented in DOJ and Advocacy Group Statements

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    DOJ Fact Sheet, December 20, 2005 – Civil Liberties Safeguards in the USA PATRIOT Act Conference Report: “After months of debate—including 23 Congressional hearings with over 60 witnesses—the Senate must act to reauthorize the USA PATRIOT Act before these key provisions expire. Last week, the House of Representatives voted to reauthorize the bill with strong… Continue Reading

    Pelosi Requests Declassification of Her Letter on NSA Activities

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    Press release: “House Democratic Leader Nancy Pelosi released the following statement today on her request to the Director of National Intelligence to declassify a letter she wrote several years ago to the Bush Administration expressing concerns about the activities of the National Security Agency.” “When I learned several years ago that the National Security Agency… Continue Reading

    Advocacy Group on Free Expression Issues Report Calling for Strengthening Fair Use

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    Will Fair Use Survive? Free Expression in the Age of Copyright Control (76 pages, PDF), by Marjorie Heins and Tricia Beckles, Brennan Center for Justice at NYU School of Law, Free Expression Policy Project, December 2005. “The report recommends: creating a clearinghouse for information, including sample replies to cease and desist and “take down” letters;… Continue Reading

    Bipartisan Group of Senators Call For Joint Inquiry into Domestic Surveillance

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    Press release, December 20, 2005: “U.S. Senator Dianne Feinstein (D-Calif.) and a bipartisan group of Senate Intelligence Committee members today called for a joint inquiry by the Judiciary and Intelligence Committees into the President’s authorization of domestic electronic surveillance of U.S. citizens.” Related reference: Press release: “The American Civil Liberties Union today submitted records requests… Continue Reading