Resolution resolved: The United States federal government should substantially curtail its domestic surveillance. Violations

FISA – EXECUTIVE ORDER DISTINCTION FAILS

The FISA / Excutive Order distinction fails

Mayer 14 Jonathan Mayer PhD candidate in computer science & law lecturer at Stanford. December 3, 2014 Web Policy Executive Order 12333 on American Soil, and Other Tales from the FISA Frontier

http://webpolicy.org/2014/12/03/eo-12333-on-american-soil/

When the National Security Agency collects data inside the United States, it’s regulated by the Foreign Intelligence Surveillance Act. There’s a degree of court supervision and congressional oversight.

When the agency collects data outside the United States, it’s regulated by Executive Order 12333. That document embodies the President’s inherent Article II authority to conduct foreign intelligence. There’s no court involvement, and there’s scant legislative scrutiny.

So, that’s the conventional wisdom. American soil: FISA. Foreign soil: EO 12333. Unfortunately, the legal landscape is more complicated.

In this post, I’ll sketch three areas where the NSA collects data inside the United States, but under Executive Order 12333. I’ll also note two areas where the NSA collects data outside the United States, but under FISA.