Re: Canada leads, UN follows

came under no
earthly laws but rather emanated from some celestial "inherent presidential
authority" reposed in the chief executive by the Constitution.

Senator Edward M. Kennedy tried year after year to pass legislation to
require the NSA to submit to judicial review.

Finally, the Foreign Intelligence Surveillance Act [FISA] was signed into
law by president Carter on October 25, 1978.

The key to the legislation could only have been dreamed up by Franz Kafka:
the establishment of a supersecret federal court.

The legislation established a complex authorization procedure and added a
strict "minimization" requirement to prohibit the use and distribution of
communications involving Americans inadvertently picked up during the
intercept operations.

These requirements constitute the most important parts of the FISA law, and
were included to prevent the watch-listing of American citizens, which took
place during the 1960s and 1970s.

The Supreme Court Chief Justice picks which federal judges serve in the
Star Chamber.


P466-467: The FISA court judge rules that black-bag jobs of "nonresidential
premises under the direction or control of a foreign power" need no court
approval. The FISA legislation also exempts from judicial review communica-
tions of these sites, including embassies. P464: A final judicial review
exception authorized the Agency to distribute the communication if it relates
to criminal activity.

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