Fisa court order that allowed NSA surveillance is revealed for first time

Fisa court judge who authorised massive tapping of metadata was hesitant but felt she could not stand in the way


Spencer Ackerman in New York
theguardian.com, Tuesday 19 November 2013 10.09 EST

A secret court order that authorised a massive trawl by the National Security Agency of Americans' email and internet data was published for the first time on Monday night, among a trove of documents that also revealed a judge's concern that the NSA "continuously" and "systematically" violated the limits placed on the program.

The order by the Fisa court, almost certainly its first ruling on the controversial program and published only in heavily redacted form, shows that it granted permisson for the trawl in part beacause of the type of devices used for the surveillance. Even the judge approving the spying called it a “novel use” of government authorities.

Another later court order found that what it called "systemic overcollection" had taken place.

Transparency lawsuits brought by civil liberties groups compelled the US spy agencies on Monday night to shed new light on the highly controversial program, whose discontinuation in 2011 for unclear reasons was first reported by the Guardian based on leaks by the former NSA contractor Edward Snowden.

In a heavily redacted opinion Colleen Kollar-Kotelly, the former presiding judge of the Fisa court, placed legal weight on the methods of surveillance employed by the NSA, which had never before collected the internet data of “an enormous volume of communications”.
...

http://www.theguardian.com/world/2013/nov/19/court-order-that-allowed-nsa-surveillance-is-revealed-for-first-time