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USA-NSA: DATA SURVEILLANCE: Another secret FISA opinion disclosed, and a question for Stewart Baker

02 May 2014

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"...Another secret opinion by a FISA court judge has been published, upholding the constitutionality of the NSA’s bulk data seizure program. The good news is that, apparently for the first time, a telecom company–reportedly Verizon–has challenged the legality of a seizure order, making this apparently the first adversarial proceeding in the FISA court on this program. The difference is highlighted by the FISA judge’s discussion of the standing of the telecom company that would create a case or controversy within the jurisdiction of an Article III court. The previously declassified opinion required no such discussion since the ruling was entirely ex parte."

See the full article: Another secret FISA opinion disclosed, and a question for Stewart Baker (Washington Post, link)

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