Government to Release More NSA Documents and FISA Court Opinions in Response to EFF Lawsuit

by Sabrina I. Pacifici on November 17, 2013

“On Monday, the US Department of Justice will release to the public hundreds of additional pages of government documents concerning its use of Section 215 of the Patriot Act, the provision of law the NSA relies on to collect the call records of millions of Americans. The disclosures will follow closely on the heels of yesterday’s reports in the New York Times and Wall Street Journal that the CIA, too, has been using Section 215 to collect, in bulk, the sensitive financial information of millions of Americans making overseas financial transfers. The Times reported that “Several officials also said more than one other bulk collection program has yet to come to light.” While it is not clear whether the documents released on Monday will contain information about the CIA’s program, we’re hopeful that the government will take the opportunity to finally be forthcoming with the American public about all secret bulk collection programs operating under Section 215. Monday’s disclosures are the result of a Freedom of Information Act lawsuit filed by EFF over two years ago. The suit has already forced the government to release thousands of pages of FISA court opinions, internal executive branch reports, congressional briefings, and other documents concerning Section 215. Documents released as part of the suit have shown the NSA repeatedly misled the FISA court concerning the operation of the bulk call records program, nearly leading the court to terminate the program altogether; that no NSA employee or official knew precisely how and under what circumstances the call records of millions of Americans were being searched; and that the NSA obtained cell-site location information of Americans in bulk without previously seeking the authorization of either the FISA court or the NSA’s congressional oversight committees.”

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