Re:The Government’s Addiction to ‘Secret Law’
by pc2g4d on Tuesday October 18, 2016 @04:34PM
(#12738401)
Interesting points, but I don't see how you can argue that FISA decisions do not have force of law. It's a _court_ applying and interpreting law, which we all know (Roe v. Wade, Brown v. the Board, etc.) can have as sweeping and definite of legal consequences as any statute passed by Congress.
Re:The Government’s Addiction to ‘Secret Law’
by rayiner on Wednesday October 19, 2016 @09:39AM
(#12743632)
While court precedents can have the effect of creating law, FISA decisions don't regulate private conduct. Also, like many courts, FISA publishes both precedential and non-precedential opinions. It's not clear that there are any precedential FISA opinions that haven't been published.
Re:The Government’s Addiction to ‘Secret Law’
by chishaku on Wednesday October 19, 2016 @10:31AM
(#12744093)
The report intentionally uses the term "secret law" in quotes. I'm not arguing that the above items are "laws" by the technical definition.
> Now, you can say it would be great if these things were all public. I happen to agree.
In any case, we're agreed on the main point of the article and the point of my original comment.
Immigration court proceedings are secret, but they're not an exercise of law making. Neither are FISA court opinions, which are interpretations of whether something is legal under the 4th amendment and/or FISA.
Now, you can say it would be great if these things were all public. I happen to agree. But internal directives and policies that are only binding on the government are not "laws." They're not an exercise of the government's power to regulate private conduct. They're an exercise of the government's power to control how government bodies use their discretion.