eff.org: In the One-sided Foreign Intelligence Surveillance Court, It’s Hard to Get The Whole Story

eff.org: In the One-sided Foreign Intelligence Surveillance Court, It’s Hard to Get The Whole Story by Nadia Kayyali and Kurt Opsahl:

While most courts in the United States are adversarial—each party presents its side and a jury, or occasionally a judge, makes a decision—in the Foreign Intelligence Surveillance Court (FISC), only the government presents its case to a judge. While typically two opposing sides work under public review to make sure all the facts are brought to light, in the FISC the system relies on a heightened duty of candor for the government. As is illustrated all too well by recent developments in our First Unitarian v. NSA case, this one-sided court system is fundamentally unfair.

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