Page 202 - Privacy in a Cyber Age Policy and Practice

190 NOTES

71. Evan Perez, “Secret Court’s Oversight Gets Scrutiny,” The Wall Street Journal,
June 9, 2013, http://online.wsj.com/news/articles/SB100014241278873249040
04578535670310514616?mg=reno64-wsj.
72. “Michael Mukasey, who was attorney general under President George W. Bush,
said in an interview that the lack of rejections by the FISA court doesn’t mean
the court is a rubber stamp. He notes the court sometimes modifies orders
and that the Justice Department’s national-security division is careful about
the applications it presents to the court.” Evan Perez, “Secret Court’s Oversight
Gets Scrutiny,” The Wall Street Journal, June 9, 2013. Available at http://www.
wsj.com/articles/SB10001424127887324904004578535670310514616.
73. Sean Sullivan, “NSA Head: Surveillance Helped Thwart More Than 50 Terror
Plots,” The Washington Post, June 18, 2013, http://www.washingtonpost.com/
blogs/post-politics/wp/2013/06/18/nsa-head-surveillance- helped-thwart-more-
than-50-terror-attempts/.
74. Peter Bergen, David Sterman, Emily Schneider, and Bailey Cahall, “Do NSA’s
Bulk Surveillance Programs Stop Terrorists?” New America Foundation, January
2014. Available at http://www.lawfareblog.com/wp-content/uploads/2014/01/
Bergen_NAF_NSA-Surveillance_1.pdf
75. It should be noted that in a full 28 percent of the cases, the study was unable
to determine what method initiated the investigation because public records
and court records do not reveal this information. The authors assume that
an undercover informant, a family member, etc. tipped off the police, but
the possibility of bulk surveillance playing a role that is not publicly claimed
cannot be entirely ruled out. Ellen Nakashima, “NSA phone record collec-
tion does little to prevent terrorist attacks, group says,” The Washington Post,
January 12, 2014, http://www.washingtonpost.com/world/national-security/
nsa-phone-record-collection-does-little-to-prevent-terrorist-attacks-group-
says/2014/01/12/8aa860aa-77dd-11e3-8963-b4b654bcc9b2_story.html; and
Peter Bergen, David Sterman, Emily Schneider, and Baily Cahall, “Do NSA’s
Bulk Surveillance Programs Stop Terrorists?” New America Foundation, Janu-
ary 13, 2014, http://www.newamerica.net/publications/policy/do_nsas_bulk_
surveillance_programs_stop_terrorists: “Regular FISA warrants not issued in
connection with Section 215 or Section 702, which are the traditional means
for investigating foreign persons, were issued in at least 48 (21 percent) of the
cases we looked at.”
76. Author’s personal calculations based on figures from ibid.
77. Dan Eggen, “U.S. Report Divulges Details of Patriot Act’s Effectiveness,” The
Chicago Tribune (reprinted from The Washington Post), July 14, 2004, http://
articles.chicagotribune.com/2004-07-14/news/0407140330_1_library-and-
bookstore-records-usa-patriot-act-gen-john-ashcroft.
78. Dan Eggen and Julie Tate, “U.S. Campaign Produces Few Convictions on
Terrorism Charges,” The Washington Post, June 12, 2005, http://www.washington
post.com/wp-dyn/content/article/2005/06/11/AR2005061100381.html.
79. Steven C. Bennett et al, Storm Clouds Gathering for Cross-Border Security and
Data Privacy: Cloud Computing Meets the U.S.A. Patriot Act, 13 Sedona Conf.
J. 235, 245, cited in Edward R. Alo, “EU Privacy Protection: A Step Towards