Page 244 - Privacy in a Cyber Age Policy and Practice
P. 244
232 NOTES
Civil Liberties Oversight Board: New Independent Agency Status,” Congres-
sional Research Service, RL34385 7-5700 (2012), http://www.fas.org/sgp/crs/
misc/RL34385.pdf.
218. Janet Hook and Carol E. Lee, “Obama Plan to Revamp NSA Faces Obstacles,”
The Wall Street Journal, August 12, 2013, A4; see also, Dan Roberts, “US Must
Fix Secret FISA Courts, Says Top Judge Who Granted Surveillance Orders,”
The Guardian, July 9, 2013, http://www.theguardian.com/law/2013/jul/09/
fisa-courts-judge-nsa-surveillance. President Obama, himself, proposed such
a measure. See “President Obama Weighs In On Information-Gathering,” The
Washington Post, August 9, 2013, http://articles.washingtonpost.com/2013-
08-09/opinions/41237761_1_president-obama-government-surveillance-
technologies.
219. Andrea Peterson, “The House is Divided Over Almost Everything. But
FISA Court Reform Might Be Able to Unite It,” The Washington Post,
October 1, 2013, http://www.washingtonpost.com/blogs/the-switch/wp/
2013/10/01/the-house-is-divided-over-almost-everything-but-fisa-court-
reform-might-be-able-to-unite-it/. This proposal would have the advocate
assist communications companies and analyze all requests sent before the
FISA court—though judges could exclude the advocate from certain cases.
The advocate would have the option to appeal cases to the FISA Court of
Review.
220. Shayana Kadidial, “NSA Surveillance: The Implications for Civil Liberties,”
ISJLP 10: 433: arguing more broadly that “many reform proposals [. . .] are
merely ‘tinkering with the machinery of mass surveillance’ [. . .] the over-
broad scope of the FAA statute and the statutes governing third-party records
requests (NSLs, Section 215 orders, and their like) is the true problem, and
one that would go unaddressed even if the public had an in camera advocate,
the judges sat in banks of three, were not hand-picked by the Chief Justice,
and the court enjoyed more transparency than exists now.”
221. See, for example: Matthew C. Waxman, in an interview with Jonathan Mas-
ters, “Has the FISA Court Gone Too Far?” Council on Foreign Relations,
July 12, 2013, http://www.cfr.org/intelligence/has-fisa-court-gone-too-far/
p31095.
222. Such a measure might resemble the Whistleblower Protection Enhancement
Act. See Government Accountability Project, “Whistleblower Protection
Enhancement Act (WPEA),” http://www.whistleblower.org/program-areas/
legislation/wpea.
223. See 50 U.S.C.S. §§ 413, 413a, 413b(c), (e). (2007).
224. Bruce Ackerman, “Surveillance and the FISA Court,” Los Angeles Times,
September 24, 2013, http://www.latimes.com/opinion/commentary/la-oe-
ackerman-fisa-reform-20130924,0,5246449.story.
225. Dianne Feinstein, “Make NSA Programs More Transparent,” The Wash-
ington Post, July 30, 2013, http://articles.washingtonpost.com/2013-07-30/
opinions/40893423_1_nsa-analyst-national-security-agency-fisa-court.
226. Ken Dilanian, “Russian Spies Were Succeeding, FBI Official Says,” Los Ange-
les Times, October 31, 2011, http://articles.latimes.com/2011/oct/31/nation/
la-na-russian-spies-20111101.