milicorn

ruminations on international financing and whatever

Friday, May 12, 2006


Just the tip the iceberg FISA pen register authority was not requested in compiling telephone information, as it required a court order for interception of calling pattern data. The scope of that provision was vastly expanded in the PATRIOT Act.

USA Today has revealed that the National Security Agency has been compiling telephone information on millions of innocent Americans that includes data about who, when, and where they are calling. here and here

The program probably violated 50 USC 1841-46, the Foreign Intelligence Surveillance Act (FISA) and the statute on interception of call detail information in criminal cases. here Both statutes require a court order for interception of information about calling patterns, even if the content of communications is not collected.

FISA, which makes it a crime to intercept the content of communications without a court order, has a broad definition of "content:" it includes not only information about the substance of communications, but also information about their very existence. Even under that definition, FISA also requires a court order for the interception of non-content information, using a so-called "pen register." here plus totally plus nsa plus database and here