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Re:Want to File a Motion in the FISA Court? First You Have t... by btilly on Tuesday June 18, 2013 @12:36PM (#5900316)
I question whether the FISA court has as little power as you describe.

Under the FISA law, a FISA warrant may be issued against US citizens if they are believed to be engaged in or preparing for acts of international terrorism or sabotage. Those warrants are beyond the power of the President.

Furthermore anyone at all, US citizen or not, under suspicion or not, may receive a FISA subpoena if the government claims that it furthers an investigation. That goes WAY beyond any authority that the executive is supposed to have.

Re:Want to File a Motion in the FISA Court? First You Have t... by at-fates-hands on Tuesday June 18, 2013 @01:02PM (#5900497)
Agreed. Once you learn how FISA works, it gets pretty scary:

http://hotair.com/archives/2013/06/18/is-there-a-leak-at-the...

"Remember, in a FISA court, there is no equivalent of a defense attorney speaking on behalf of the person being investigated. It is not an adversarial court. Nobody speaks for you, Joe Citizen. The government makes its case, and the judge either says, “okay,” or “no, I’m not convinced.”"

- Since the start of the War on Terror more than 11 years ago, the court has denied just 10 applications, and modified several dozen, while approving more than 15,000.

Re:Want to File a Motion in the FISA Court? First You Have t... by rayiner on Tuesday June 18, 2013 @01:08PM (#5900540)
It's not an adversarial court because its powers are circumscribed to issuing warrants and subpoena orders, which are not adversarial processes in any court (at least, any court in the U.S. that I'm aware of).
Re:Want to File a Motion in the FISA Court? First You Have t... by tsaoutourpants on Tuesday June 18, 2013 @01:43PM (#5900767)
You're basically right, but other courts have processes for review of incorrectly issued warrants and subpoenas. With the FISA court, if you were incorrectly watched, you'll probably never even know.
Re:Want to File a Motion in the FISA Court? First You Have t... by fnordfnordfnord on Tuesday June 18, 2013 @03:26PM (#5901414)
Unless you wind up on a no-fly list.
Re:Want to File a Motion in the FISA Court? First You Have t... by tsaoutourpants on Tuesday June 18, 2013 @03:49PM (#5901568)
Being worked on by a couple of civ rights orgs at the moment!
Re:Want to File a Motion in the FISA Court? First You Have t... by pseingatl on Wednesday June 19, 2013 @09:23AM (#5905361)
Subpoenas are subject to a motion to quash and third-party subpoenas are quashed all the time.
Re:Want to File a Motion in the FISA Court? First You Have t... by rayiner on Tuesday June 18, 2013 @01:06PM (#5900524)
Can FISA warrants be used in situations where an Article III warrant would be required? I don't think that's the case. Also, tons of executive agencies have subpoena powers, e.g. the SEC.
Re:Want to File a Motion in the FISA Court? First You Have t... by tsaoutourpants on Tuesday June 18, 2013 @01:44PM (#5900775)
Where does that line get drawn nowadays? Clearly they can intercept my communications and remotely search my hard drive (if they can get in). Is the limit solely that they can't bust down my door and search my cabinets?
Re:Want to File a Motion in the FISA Court? First You Have t... by rayiner on Tuesday June 18, 2013 @02:10PM (#5900955)
Can they remotely search your hard drive?
Re:Want to File a Motion in the FISA Court? First You Have t... by gknoy on Tuesday June 18, 2013 @02:29PM (#5901062)
Let's rephrase that.

I'm unsure whether they have the ability to remotely search my hard drive, but when you pair the existence of exploits with what appears to be widespread surveillance, I believe that the government feels that it MAY, should it ever have the capability to do it.

edit: Yes, I think they CAN remotely search your hard drive. Whether it's by installing malware over the network or by a team of experts who physically breach your security doesn't matter quite as much, other than in terms of scale.

More importantly, if the government CAN do it, you have little redress as a citizen. You can't sue them unless you can prove it happened, and even then they will argue with the power of infinite lawyers and money that it's legal anyway when the government does it.

Re:Want to File a Motion in the FISA Court? First You Have t... by snowwrestler on Tuesday June 18, 2013 @04:28PM (#5901842)
> Those warrants are beyond the power of the President.

Aren't all warrants beyond the power of the President? Isn't that the point of warrants in the first place?