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April 16, 2009 8:55 AM PDT

Report: NSA tried to eavesdrop on Congress member

by Declan McCullagh
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The National Security Agency tried to wiretap a member of the U.S. Congress without a warrant, and has engaged in "significant and systemic" illegal surveillance activities in the last few months including e-mail and telephone call interceptions, according to a report this week.

The article in Wednesday's New York Times said the Obama administration acknowledged there had been abuses but said they had been resolved. The attempted eavesdropping on a congressman came about because he or she was part of a delegation to the Middle East in 2005 or 2006, and was ultimately blocked.

The NSA said in a statement on Wednesday that "intelligence operations, including programs for collection and analysis, are in strict accordance with U.S. laws and regulations."

The Times reported, without giving details, that the "overcollection" problems were discovered as part of a twice-a-year certification that the Justice Department and the director of national intelligence are required to give to the Foreign Intelligence Surveillance Court.

Salon.com columnist Glenn Greenwald wrote on Thursday that it was "inevitable" that more NSA surveillance abuses would happen after the Democratic-controlled Congress approved legislation in 2008 that eliminated safeguards and blessed surveillance activities that would otherwise have been illegal.

Greenwald wrote: "That was the purpose of the law: to gut the safeguards in place since the 1978 passage of FISA, destroy the crux of the oversight regime over executive surveillance of Americans, and enable and empower unchecked government spying activities." (FISA is the Foreign Intelligence Surveillance Act.)

At the time, in June 2008, the ACLU highlighted a long list of concerns including "loopholes" in the bill to rewrite FISA. Presidential candidate Barack Obama supported the FISA bill--which also granted retroactive immunity to telecommunications companies that illegally opened their networks to the NSA--saying it has "appropriate safeguards."

Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.
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by gopnick April 16, 2009 9:20 AM PDT
So much for liberty.
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by mrcjacobs April 16, 2009 9:22 AM PDT
This shouldn't come as a surprise to anyone.
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by Dalkorian April 16, 2009 4:40 PM PDT
Surprise? No, that's not the first feeling I had. More like disgust. Nausea. A serious need to vomit profusely for a long period of time. I was hoping that feeling would go away after January 20 and in all fairness this is the first time I've felt it since then (bushit had me feeling that way continuously for years).

Strike one, Obama. Don't hand us a "it's dealt with" line like bushit was known for - fix the problem. Do it quietly and behind the scenes if you have to, but fire someone who approved this. End it now. You don't want to get bushed.
by Hep Cat April 16, 2009 9:27 AM PDT
"Trust us. We don't need a court to approve a warrant. We know what's best for you."

-The Bush Administration

Boy, the right wing whiners like Hannity and Limbaugh are gonna howl about how Obama's spying on everyone now that the shoe's on the other foot, aren't they?
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by Dalkorian April 16, 2009 4:34 PM PDT
In a sense of fairness, this was disgusting and vile when bushit was doing it and it's equally disgusting and vile today. Just because Obama's now in office doesn't make it right.
by umbrae April 16, 2009 9:39 AM PDT
Irrational fears of the US populace after 9/11 drove us to this. It is never ok to sacrifice liberty for safety, as losing liberty always leads to corruption and as such threatens our safety. The US government has done more damage "protecting" this country than terrorists ever could.

Politicians are what we make them. Shame on us for letting it go this far.
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by LinuxRules April 16, 2009 10:19 AM PDT
What the hell is wrong with all of you, your all were warned that the bill is going to pass and you all sat on you stupid hands, I wrote my Representatives about this to go against it, why didn't you?
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by gerrrg April 16, 2009 10:35 AM PDT
I wrote to my Senator.
by Michichael April 16, 2009 12:16 PM PDT
I encrypt everything I do and shred and burn my documents.
by Michichael April 16, 2009 12:17 PM PDT
So when it's your normal Joe, it's not nearly the scandal but when it's their own people, swift action must be taken. Right.
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by siriusproductions April 17, 2009 9:24 AM PDT
A couple of years ago, someone in an IRC chatroom told me that he would give up all of his civil liberties in order to keep his freedom.

I'll pause for a moment while the stupendous stupidity of that sinks in.

Yes, he really said that and he was quite passionate about it. He's not alone in thinking that way, which is why the Patriot Act and the FISA Bill and all the other abuses are allowed to happen. When so many people don't even know what's happening, or have any understanding of it whatsoever, or even care about it, of course they'll happen.

Home of the free? Yeah, right.

I'm Canadian, but I'm not anti-American. I like America. I have many American friends. I'm worried for all of them.
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