27 Million FISA Phone ‘Sessions’ Tapped in 2006
The FBI’s software for recording telephone surveillance of suspected spies and terrorists intercepted 27,728,675 sessions [in 2006].Twenty-seven million is a staggering number given that the FBI only got 2,176 FISA court orders in 2006 from a secret spy court using the Foreign Intelligence Surveillance Act.According to the math that means each court order resulted in 12,742 “sessions,” all in regards to phone, not internet, surveillance.
The Foreign Intelligence Surveillance Act has been around since the 1970’s. Its basic premise is that it allows US intelligence to spy on officers of foreign intelligence agencies in the US. Somehow the powers that be have found a way to expand it (through the Patriot Act) - drastically- to include citizens of the US and foreign countries under the guise of counter-terrorism.
Supporters of this new breed of FISA taps immediately cite the fact that a secret court order is required, “it’s not like they’re tapping everyone they want to.” Moreover, that the amount of people who have their phones tapped is very small, “it’s not like they’re tapping everyone.” Both points, according to this writer, are bullshit.
Firstly, the court order is obtained behind closed doors, with no public oversight, except for the people who made the law in the first place, congressmen. The public therefore is encouraged to accept that the process is just even though we have no way to empirically verify that it is so. What is the standard of proof for a warrant to be issued? That question cannot be answered.
Secondly, we the public are not even sure what a warrant constitutes. For example, if a warrant is issued to tap person (A) and person (A) speaks with person (B), does person (B) also get their phone tapped? Said figure of equally vague ’sessions’ suggests that this must be the case. “FISA watchers have long wondered whether FISA warrants covered more than one person.” In other words, how many degrees of separation does the FBI get with one warrant? That question cannot be answered.
Justifying something on a proportional scale is much akin to the notorious ’slippery slope’ argument. It’s an intellectually simple argument that can be made to support anything. Certainly, terrorism is a threat, but let’s not exchange our liberties for a sense of security. There is no proof, after all, that FISA does make us safer. Dwight Eisenhower had something to say about this conundrum though:
If you want total security, go to prison. There you’re fed, clothed, given medical care and so on. The only thing lacking… is freedom.


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