[iwar] tb:Tony.Calls.For.Enhanced.Oversight

From: Tony Bartoletti (azb@llnl.gov)
Date: 2001-10-18 18:33:47


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From: Tony Bartoletti <azb@llnl.gov>
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Date: Thu, 18 Oct 2001 18:33:47 -0700
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Subject: [iwar] tb:Tony.Calls.For.Enhanced.Oversight
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At 08:53 AM 10/18/01 -0700, you wrote:
>Governor Calls for 'Cyber Court'
>By Declan McCullagh, Wired News, 10/18/2001 <a 
>href="http://www.wired.com/news/print/0,1294,47676,00.html">http://www.wired.com/news/print/0,1294,47676,00.html>
>
>WASHINGTON -- Malicious hackers, look out.
>A government anti-terrorism commission will recommend that Congress
>create a shadowy court to oversee investigations of suspected computer
>intruders.

[snip]

>Congress created the FISA court in 1978 to oversee foreign intelligence
>investigations that were too sensitive to take through the normal
>process. The FISA judges review the Justice Department's requests and,
>with the exception of one or two cases, have always approved them.
>Because the FISA court meets in secret, and its orders are sealed,
>subjects are often unaware they're under surveillance.

I'm very curious about this "orders are sealed" part.

Clearly, the law must grant *some* provision of oversight, sunset, or other 
mechanism that forces these records and orders into the light.

If we are to have secret, closed-door FISA proceedings, and (now) further 
expansion of secret surveillance provisions, there really needs to be an 
independent oversight agency created, whose sole purpose and mandate is to 
act as a national repository for all such proceedings and findings, vested 
with the power to disclose such materials according to reasonable standards.

When (not if) it turns out that "rogue elements" of certain agencies abuse 
these expanded powers, they must understand that such abuses will be 
revealed "within their own lifetimes", and not be able to disappear forever 
into a black hole.

To ensure that conflict of interest does not taint such measures, the 
oversight agency must be independent both of the agency which sought to 
engage a covert operation, and any court that approved such an operation.

If, as many now lament, we live in "different times", and must acquiesce to 
some abridgement of fundamental individual liberties in the name of 
security, than so must the government acquiesce to additional measures of 
independent oversight, with teeth.

____tony____


Tony Bartoletti 925-422-3881 <azb@llnl.gov>
Information Operations, Warfare and Assurance Center
Lawrence Livermore National Laboratory
Livermore, CA 94551-9900





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