Previously Secret FISC Opinions Disclosed by DOJ Show 702 'in Need of Reform,' Says EFF
Some of the 18 previously secret opinions from the Foreign Intelligence Surveillance Court (FISC) acquired by the Electronic Frontier Foundation show the intelligence community "overstepped" restrictions in the Section 702 of the Foreign Intelligence Surveillance Act (FISA), blogged EFF senior…
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staff attorney Mark Rumold Wednesday. Rumold said the opinions were sent by DOJ Tuesday night as a result of EFF's lawsuit last year. He said three opinions indicate the program -- which allows intelligence agencies to target and collect internet and phone communications of suspected foreign terrorists abroad -- needs reform. "The opinions show that, almost from the outset of the law in 2008, the intelligence community has overstepped the court-imposed legal restrictions on the operation of the surveillance." Rumold said the documents show intelligence agencies overstepping authority, getting reprimanded by FISC, yet being allowed to continue. He also said two opinions show a service provider challenging the legality of a 702 directive in 2014 "as well as the government's refusal to provide it access to other FISC opinions cited in the government's legal briefs." The court ultimately upheld 702, which will expire by Dec. 31 unless reauthorized, and ordered the provider to comply, he added. Neither DOJ nor NSA commented.