The Foreign Intelligence Surveillance Court (FISC) found that "on at least one occasion" the NSA had violated the Fourth Amendment’s restriction against unreasonable searches and seizures.
The decision is classified “because of the sensitive intelligence matters" it concerns, according to a letter from Seb. Ron Wyden (D-OR) to Congress that was acquired by Wired.
The EFF wants the information because of its current lawsuit against the NSA (i.e. Jewel vs. NSA) that alleges the U.S. government operates an illegal mass domestic surveillance program. Three NSA whistleblowers—including William Binney—agreed to provide evidence that the NSA has been running a domestic spying program since 2001.
The kicker is that there is ample evidence that the NSA has gone above and beyond the powers granted through the 2008 FISA Amendment Act by actively spying on the electronic communications of American citizens within the U.S. and by coercing service providers to feed it any and all information it wants.
That is what FISC found and what the government does not want to admit.
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