NSA Wiretapping - The "other" update

When I began to pursue this issue in Oregon I invariably ended up at the Public Utilities Commission for jurisdiction. The Federal pursuit was all but out of reach without significant funds and, most definitely is the job for a large and sufficiently more powerful body then the individual. In Oregon that job has fallen to the ACLU. They have entered into a large and growing (18 states Monday, 20 as of this morning) number of state challenges to state Utilities Commissions.

http://www.aclu-or.org/site/PageServer?pagename=Iss_nat_nsa

I'd advise contact with your ACLU to see if they are among the gang of 20 and growing. If they are not, push them but I wouldn't stop there. I'd look for what statewide body of constitutional attorneys that are looking into this matter. I would NOT advise pursuing the matter as an individual, that is of course, unless you are a multi-millionaire, as the amount of justice one gets from the courts are in direct proportion the amount of justice one is capable of purchasing by the thickness of wallet.

At some unknown point the so called "catch 22" (you or court or investigators can see evidence cause it's secret)impasse will be overcome, either by the congress stepping up and dumping funding for the database collection activities, or the courts, or most importantly, the FISA court whose authority has been usurped. One of the justices has already resigned in protest the day after the USA Today article became public, and a number of the court including the Chief of that court are none too happy. There are some legal rumblings there that a resignation en-mass may occur should the NSA be unable to overcome the beliefs that if NSA doesn't think they (FISA) are needed anymore then the court should dissolve. This is the best-kept secret in the matter with almost NO coverage by MSM of the degree of hostility occurring a FISA. Legal scholars close to the case are holding some high hopes in this regard as should the court move forward with the threat of resignation, by the NSA not coming forward with some acceptable accommodation to the courts mandate the whole cookie will crumble when the congress has to deal with the resulting egg all over the collective faces of Congress.

In any event, even if this issue is put off until after Nov. or at whichever other point in time the databases are effectively placed on the table, the database collection will fail legal tests or Congressional intestinal fortitude. So I would encourage getting on the case as a complainer/litigant.

IN the related matter of the equipment, at least six major MSM outlets are and have begun to follow the equipment. The NYT has already received an initial feedback from the experts they have hired that the equipment demonstrates significant violations are occurring. Rumor has it that Congressional staffers have begun to collect opinions of expertise after receiving information from MSM and "internet" source's where the equipment is coming under scrutiny. Whether this will lead to any spine at the Congress anytime soon is too early to judge. Pressed for an opinion, the impending pressure that will most assuredly occur once MSM is ready to move forward with the exposure of what they are finding the equipment evaluation leads, will force the hand of the DINOs. While we have lost the first battle I would say the war itself is not over. The NSA has significantly weakened its hand in the pursuit of ABC and others in the press; those once held allies will amount to the veritable pit bull that won't let go of its prey.

For those that received the redacted “klien” declaration releasing the sealed doc from EFF postings today, be advised that EFF is under seal to NOT release the full version and more importantly the AT&T equipment and diagram docs (not yet released to the public). The order specifically barred EFF but not others that might come across this information. Get the full gist here, (all thirty pages in pdf format) whom are under no court obligation to denied the public access to this information. And bravo to wired.com and their platinum balls. They along with EFF are unsung American heroes.

http://blog.wired.com/27BStroke6/att_klein_wired.pdf