Fresh out the Windy kitchen: a piece about the ACLU and The Nation challenging the FISA Amendments Act of 2008. The real sparks may fly not in the Southern District of New York, but in the FISA Court itself, where they get on some minimization shit:

Separately, the ACLU requested that the Foreign Intelligence Surveillance Court, known as the FISA Court — the secret, 30-year old body that adjudicates domestic-surveillance warrants in intelligence cases — make public how the government decides whom it can target under the new law. The ACLU also wants to know what the government does with surveillance information it collects but deems irrelevant to a specific case.

Technologically, when doing surveillance, the government frequently sweeps up information about individuals unrelated to a particular target, and must establish procedures for getting rid of that information. This process, known as "minimization," is among the most alarming to civil-liberties groups, but the government has not explained what the minimization process involves under the new law. …

Jaffer said the filing in the FISA Court represented a strategy to get the court itself to rule on the constitutionality of the new FISA law. "It can’t view these [minimization] procedures in a vacuum," he said.

Spencer Ackerman

Spencer Ackerman

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