Abstract

Before June 2013, civil society and much of Congress were largely in the dark about the extent of the surveillance activities of the National Security Agency and the circumlocutions of statute undertaken by the White House and the Department of Justice. After the releases by Edward Snowden to specific journalists, the mendacity of Intelligence Community lawyers and leaders, the evasions of the law and manipulation of the FISA Court by the White House working with the Justice Department, and the scope of the violations of the Fourth Amendment protections of U.S. Persons (USPs) became increasingly apparent. This article reviews the changes that were initiated in the Executive Branch (and to a lesser extent in the Legislative Branch), the role civil society played in pushing and utilizing greater transparency, and what the changes mean for government accountability to the public.

Highlights

  • In 1973, the Senate Watergate Committee investigation revealed that the Executive Branch had directed national intelligence agencies to carry out constitutionally questionable domestic security operations

  • After the releases by Edward Snowden to specific journalists, the mendacity of Intelligence Community lawyers and leaders, the evasions of the law and manipulation of the Foreign Intelligence Surveillance Act (FISA) Court by the White House working with the Justice Department, and the scope of the violations of the Fourth Amendment protections of U.S Persons (USPs) became increasingly apparent.[2]

  • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and describing the place to be searched, and the persons or things to be seized

Read more

Summary

Secrecy and Society

Secrets and Lies — Exposed and Combatted: Warrantless Surveillance Under and Around the Law 2001-2017. Follow this and additional works at: https://scholarworks.sjsu.edu/secrecyandsociety Part of the Other Political Science Commons. "Secrets and Lies — Exposed and Combatted: Warrantless Surveillance Under and Around the Law 2001-2017." Secrecy and Society 2(1).

Context and Perspective
Background
Outdated Agency Guidelines Do Not Protect Metadata
Lack of Protections and Bulk Data Collection
The most recent change to the Order came from President Barack
Administration White Paper
Civil Society Engagement
What Has Occurred Since?
Operating Outside the Law
STELLARWIND consisted of warrantless surveillance on persons the
Inspectors General Report on PSP Required by Congress
What We Learned as a Result of the Snowden Documents
Declassified Inspectors General Report
The Program Continues through the Obama Administration
What Is Occurring Now?
NSA Systemic Overcollection of Domestic Communications
The Obama Administration Moves to Dismiss the Case
Some Whistleblower Protections
Limited Congressional Access to Intelligence Briefings
Funneling Requirements and the Separation of Powers
Some FISC Orders and Opinions Declassified in Response to FOIA Litigation
Lack of Whistleblower Protections within the Intelligence Community
Destruction of Presidential Surveillance Program Data
Belief in Accountability or Public Relations?
Conclusion
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call