Reading may be fundamental, but flow charts and diagrams make it clearer. And yes the French grandmother pommes frites example hits home for me. Click the link though to see the old FISA flow chart,
h/t boingboing
What New FISA does is create a special case involving our bold red line in the first chart. It provides a way for the executive branch to engage in warrantless (but “certified”) wiretapping of wire and cable (including email and phone) of any Foreign-to-U.S. communications collected inside the U.S. You’ll see the new set of criteria for certification in this special case. It does add new protections for U.S. Persons (citizens or greencard holders) by requiring the typical FISA warrant in all cases in which they are targeted.
On the face of it, this new loophole might not seem to be such a big problem, barring the facts of a) retroactive telecom immunity and b) the implication that Bush will never be held accountable for numerous felonies. Unfortunately, it also really is, as far as I can tell, a back door to greatly expanded wiretapping powers. Beyond the obvious fact that it requires only certification and loose judicial review rather than a warrant, it does so in the following way:
- It Eliminates the requirement that there be probable cause that a foreign target is a suspect of any kind — terrorist, criminal, ore “foreign agent.” They merely need be your French grandmother, as long as they are outside the United States and not a U.S. person, and if the government says wiretapping them is for the purpose of collecting “foreign intelligence information” (e.g., her Pommes Frites recipe)
- It requires the cooperation of telecoms in these efforts
- It eliminates of the need to specify a particular email address or phone number to be wiretapped
- 1-3 together imply that certifications of wiretapping on individuals is not the issue. The point is to use telecom cooperation to target large collections of data on communications between U.S. Persons and foreigners. This implies data mining — where, for instance, because a foreign target has communications passing through a given domestic switch, any communications (domestic or international) passing through that switch are subject to collection, analysis, and storage. There are “minimization requirements” meant to ameliorate this, but it is unclear if they really help.
- The compromise of domestic communications in (4) is exacerbated by the fact that targets need only be “reasonably believed” to be outside the U.S.
- It includes only minimal court oversight — who it is that is subject to warrantless wiretapping will not be know to the FISA court; the government can wiretap before it court order is sought and continue to do so even if it is denied — during a lengthy appeal process.
Understanding Recent Changes to FISA — A Visual Guide (Flowchart) (Ketchup and Caviar)





This is a real shame. With all the obese teens we have to worry about and stop from having bake sales, now we can’t even get a healthy recipe from our skinny foreign descendants.