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Group challenging enhanced surveillance law faces uphill clim
The Washington Post ^ | 19 April 2010 | Ellen Nakashima

Posted on 04/22/2010 8:48:23 AM PDT by Palter

A group of lawyers, human rights activists and journalists argued in a federal appeals court on Friday that a 2008 update to U.S. surveillance law has made their e-mails and phone calls more susceptible to government interception and that, as a result, they are forgoing conversations and flying overseas rather than making phone calls or writing e-mails.

Those in the group are trying to show that they have suffered harm because of the revised law, which dropped a requirement that the government identify the subjects of its surveillance. The group must prove harm in order to challenge the law's constitutionality in federal court.

"By significantly increasing the likelihood that my communications will be acquired by the U.S. government, the new surveillance law compromises my ability to gather information that is relevant and necessary to my work," Joanne Mariner, director of the counterterrorism program at Human Rights Watch, said in a court filing with the U.S. Court of Appeals for the 2nd Circuit.

In an interview, Mariner said she made three trips to Jordan recently rather than speak by phone to former detainees of the CIA's rendition and detention programs. "I've gone to Egypt," she said, "or I'll meet people in Europe. It definitely adds a burden."

In 1978, Congress passed the Foreign Intelligence Surveillance Act, which ensured that Americans' communications would not be tapped in the course of intelligence investigations without a warrant. The law came in response to a string of abuses by government intelligence agents in the 1960s and 1970s that included spying on civil rights and antiwar activists.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Government; War on Terror
KEYWORDS: email; fisa; surveillance; warrant

1 posted on 04/22/2010 8:48:23 AM PDT by Palter
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To: Admin Moderator

My mistake, can you fix the title, ‘climb’.


2 posted on 04/22/2010 8:51:07 AM PDT by Palter (Kilroy was here.)
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To: Palter

>>surveillance law has made their e-mails and phone calls more susceptible to government interception and that, as a result, they are forgoing conversations and flying overseas rather than making phone calls or writing e-mails. <<

Then they are very stupid people. The information in the conversations can generally not be USED in court against American residents or citizens. The only reason to meet in person for fear of government ears is to plot against us.


3 posted on 04/22/2010 8:56:17 AM PDT by freedumb2003 (Craven spirits wear their master's collars but real men would rather feed the battlefield's vultures)
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To: Palter

What about simply using email encryption?

Has PGP/RSA been breached?


4 posted on 04/22/2010 9:34:40 AM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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