A small editorial about recent events.

Adam Fields cryptography23094893 at aquick.org
Tue Dec 20 10:05:40 EST 2005


On Sun, Dec 18, 2005 at 07:55:57PM -0500, Steven M. Bellovin wrote:
[...]
> The Court also noted that "Congress rejected an amendment which would
> have authorized such governmental seizures in cases of emergency."
> Given that the Patriot Act did amend various aspects of the wiretap
> statute, it's hard to understand how the administration's reading is
> justified in any way, shape, or form.

There's some speculation that FISA could not have provided
authorization for the wiretaps, because what they were doing were not
actually directed wiretaps, but instead search-and-discard-negatives.

Josh Marshall has some analysis:

http://www.talkingpointsmemo.com/archives/007286.php
http://www.talkingpointsmemo.com/archives/007290.php

and discussion here:

http://www.tpmcafe.com/story/2005/12/19/20530/546

Here's Rockefeller's handwritten letter to Cheney, in which he says
"As I reflected on the meeting today, and the future we face, John
Poindexter's TIA project sprung to mind".

http://talkingpointsmemo.com/docs/rock-cheney1.html

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