Re:Ninth Circuit rules NSA's bulk collection of Americans' c...
by HenryKissinger on Wednesday September 02, 2020 @03:45PM
(#24357182)
Probably never, since the metadata collection program was legally governed by Section 215 of the Patriot Act from 2001 to 2015, which modified the FISA Act. The FISA Amendments Act of 2008 further enshrined the legal basis of the program. You can't prosecute people retroactively. Even if you could, it's unclear exactly who that should be.
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Re:Ninth Circuit rules NSA's bulk collection of Americans' c...
by ncmncm on Wednesday September 02, 2020 @03:50PM
(#24357239)
Permission was retroactive.
At the time of the offenses, the perps knew they were violating the law. If the law authorizing the action is found unconstitutional, then that retroactive permission has been withdrawn. There is no question of "double jeopardy", because they never faced trial.