21.12.2014 - 12:18 [ Techdirt ]

Newly-Released Documents Show NSA Claiming An Email Address Is A ‚Facility,‘ Skirting Probable Cause Requirements

If it‘s late Friday afternoon and the public‘s attention is focused elsewhere, it must mean it‘s time for another document release from James Clapper‘s office (ODNI). The heavily-redacted documents dumped by the ODNI deal with the precursors to the FISA Amendments Act (FAA): the Terrorist Surveillance Program (TSP) and 2007‘s interim legislation (Protect America Act or PAA) that bridged the gap between the TSP and the FAA.

The most interesting document in the release is an April 3, 2007 order [pdf link] from the FISA court which contains some rare hesitation from a FISA judge (Roger Vinson) as he deals with the NSA‘s desire to capture communications without providing probable cause support for its actions.