WaPo: Individual Section 215 Searches Not Subject to FISA Court Review
This is an interesting bit of pushback from the NSA, as anonymously sourced to Dana Priest of the WaPo:
The analysts’ 215 requests go to one of the 22 people at the NSA who are permitted to approve them — the chief or the deputy chief of the Homeland Security Analysis Center or one of 20 authorized Homeland Security mission coordinators within the Signals Intelligence directorate’s analysis and production directorate.
Once a request is approved, it is given to one of the Signal Intelligence directorate’s 33 counterterrorism analysts who are authorized to access the U.S. phone metadata collection.
The sourcing is intended to push back from the idea that any old analyst can just make this decision. But in the attempt, it undermines the idea that the FISA court is an actual check on NSA abuse. The FISA court is not involved at all in the individual search process, according to Priest's NSA sources.
That undermines the idea of the FISA court as an effective check on the NSA.
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