{"id":8876,"date":"2013-06-12T22:17:05","date_gmt":"2013-06-12T20:21:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-12T20:21:43","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8876","title":{"rendered":"Breaking: eff.org: FISA court rejects catch-22 secrecy argument in FOIA case"},"content":{"rendered":"

Breaking: eff.org: FISA court rejects catch-22 secrecy argument in FOIA case<\/a> by Mark Rumold:<\/p>\n

<\/p>\n

In the first publicly known victory by a non-government party before the Foreign Intelligence Surveillance Court (FISC), the secret court today granted a motion filed by EFF related to an ongoing Freedom of Information Act lawsuit.<\/p>\n

The FISC gave its OK to the public disclosure of an earlier opinion of the FISC\u2014an opinion that declared aspects of the NSA’s surveillance under Section 702 of the FISA Amendments Act to be unconstitutional.<\/p>\n

Last week, the Department of Justice filed a confusing, head-spinning argument in opposition to our motion, arguing that the FISC’s procedural rules operated as a seal, which prevented the executive branch from releasing the opinion. And the court saw right through that claim. In fact, it took EFF longer to figure out how to physically file a motion with the FISC than it did for the FISC to dispatch with the DOJ’s arguments.<\/p>\n

The victory today was a modest one. The Court didn’t order disclosure of its opinion; it just made clear, as EFF had argued, that the FISC’s own rules don’t serve as an obstacle to disclosure of the opinion. The FISC also clarified that the executive branch cannot rely on the judiciary to hide its surveillance: the only thing obstructing the opinion from the public’s review is the executive branch’s own claims that it can hide its unconstitutional action behind a veil of classification.<\/p><\/blockquote>\n

Posted on eff.org within last 7 minutes. Nowhere else is it explained on the Internet.<\/p>\n

Since Catch-22<\/a> is the title of a modern classic novel, shouldn’t it be capitalized?<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8876","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8876","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8876"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8876\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8876"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8876"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8876"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}