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

From: e.r. (fastflyer28@yahoo.com)
Date: 2001-10-19 09:40:46


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From: "e.r." <fastflyer28@yahoo.com>
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Date: Fri, 19 Oct 2001 09:40:46 -0700 (PDT)
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Subject: Re: [iwar] tb:Tony.Calls.For.Enhanced.Oversight
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Tony- In theory, the PFIAB and the Supreme Court and in really nasty
situations, HPSCI and SSCI do the job.  The Justice Dept has an
intelligence "referee" to legally kick butts if the intel court is
abused, or uses its power in an abusive manner.
--- Tony Bartoletti <azb@llnl.gov> wrote:
> 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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This archive was generated by hypermail 2.1.2 : 2001-12-31 20:59:56 PST