What if the law says that secret courts can decide using secret proceedings?

ethbro · on March 10, 2015

> What if the law says that secret courts can decide using secret proceedings?

Then at least it's on the books as a choice our society has made. OP's issue is there's currently no clear legal chain of certain programs back to a democratic decision.

EGreg · on March 10, 2015

The FISA courts have been authorized by an Act of Congress. That's what the checks and balances are for, though, and the courts can overturn it.

I wonder if the system will stand uo though. The addiction to bigbdata is strong once tasted, and spy agencies actually enjoy getting away with stuff.

drzaiusapelord · on March 10, 2015

>Then at least it's on the books as a choice our society has made.

A handful of elites handing responsibility to a handful of FISA judges in closed/secret court is far, far a choice "society" has made.

From the norms and practices of the USG, I imagine almost everything the NSA does is perfectly legal. SCOTUS will respect the Executive in terms of its state secrets argument and Congress's leadership in handing responsibility to managing these things to FISA will also be deemed lawful.