Posted by Jonathan Adler:
Illegal NSA Wiretaps:
http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239897257
The [1]NYT reports that "in recent months" the National Security
Agency has engaged in surveillance beyond what is allowed under
federal law. A few excerpts from the story:
Several intelligence officials, as well as lawyers briefed about
the matter, said the N.S.A. had been engaged in �overcollection� of
domestic communications of Americans. They described the practice
as significant and systemic, although one official said it was
believed to have been unintentional.
The legal and operational problems surrounding the N.S.A.�s
surveillance activities have come under scrutiny from the Obama
administration, Congressional intelligence committees and a secret
national security court, said the intelligence officials, who spoke
only on the condition of anonymity because N.S.A. activities are
classified. Classified government briefings have been held in
recent weeks in response to a brewing controversy that some
officials worry could damage the credibility of legitimate
intelligence-gathering efforts.
The Justice Department, in response to inquiries from The New York
Times, acknowledged Wednesday night that there had been problems
with the N.S.A. surveillance operation, but said they had been
resolved.
This little bit also caught my eye.
While the N.S.A.�s operations in recent months have come under
examination, new details are also emerging about earlier
domestic-surveillance activities, including the agency�s attempt to
wiretap a member of Congress, without court approval, on an
overseas trip, current and former intelligence officials said. . .
.
The agency believed that the congressman, whose identity could not
be determined, was in contact � as part of a Congressional
delegation to the Middle East in 2005 or 2006 � with an extremist
who had possible terrorist ties and was already under surveillance,
the official said. The agency then sought to eavesdrop on the
congressman�s conversations, the official said.
The official said the plan was ultimately blocked because of
concerns from some intelligence officials about using the N.S.A.,
without court oversight, to spy on a member of Congress.
References
1. http://www.nytimes.com/2009/04/16/us/16nsa.html
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