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Warrantless Eavesdropping Timeline

From dKosopedia

Contents

1791

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

1952

1968

1972

1974

1975-1976

1978

January 1978

2-202. Electronic Surveillance. The CIA may not engage in any electronic surveillance within the United States. No agency within the Intelligence Community shall engage in any electronic surveillance directed against a United States person abroad or designed to intercept a communication sent from, or intended for receipt within, the United States except as permitted by the procedures established pursuant to section 2-201.

October 1978

  • Analysis: By legislative history and by the act itself, inherent Presidential authority to conduct warrantless wiretaps is ruled out and made a crime. (Center for National Security Studies)

1979

May 1979

1980

1981

December 1981

December 4, 1981

1982

December 1982

1983

April 1983

1993

July 1993

1994

October 1994

1995

February 1995

February 9, 1995

April 1995

April 17, 1995

July 1995

July 19, 1995

1997

November 1997

1999

December 1999

2000

January 2000

January 21, 2000

February 2000

March 2000

April 2000

April 12, 2000

August 2000

August 15, 2000

September 2000

October 2000

October 17, 2000

November 2000

December 2000

December 28, 2000

2001

January 2001

January 20, 2001

February 2001

March 2001

April 2001

June 2001

June 12, 2001

July 2001

August 2001

August 6, 2001

September 2001

September 11, 2001

After September 11

September 12, 2001

September 15, 2001

September 17, 2001

September 18, 2001

"This last-minute change would have given the president broad authority to exercise expansive powers not just overseas -- where we all understood he wanted authority to act -- but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused."

About September 21, 2001

September 25, 2001

September 26, 2001

October 2001

October 1, 2001

October 3, 2001

October 4, 2001

October 5, 2001

October 6, 2001

October 11, 2001

you indicated that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.
...
Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting.

October 18, 2001

In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.

October 21, 2001

October 23, 2001

October 25, 2001

October 26, 2001

November 2001

November 2, 2001

November 14, 2001

December 2001

December 4, 2001

2002

Early 2002

January 2002

January 9, 2002

January 10, 2002

February 2002

February 8, 2002

February 19, 2002

March 2002

March 5, 2002

March 6, 2002

March 7, 2002

March 28, 2002

April 2002

April 10, 2002

April 11, 2002

April 17, 2002

May 2002

May 17, 2002

About May 18, 2002

The new presiding judge is informed of the warrantless surveillance program, and agrees not to disclose the secret program to the ten other FISC judges. She accepts the early 2002 "tagging" compromise regarding FISA warrant applications in cases where the government has already conducted warrantless surveillance. (WaPo)

June 2002

June 12, 2002

June 19, 2002

June 20, 2002

July 2002

July 8, 2002

July 19, 2002

July 22, 2002

July 31, 2002

August 2002

August 2, 2002

August 21, 2002

September 2002

September 9, 2002

September 23, 2002

October 2002

October 1, 2002

Two fusion centers receive and analyze intelligence gathered by other government agencies. The centers conduct data mining, where information received from the NSA, the CIA, the FBI, state and local police, and the Pentagon's Talon system are cross-checked to see if patterns develop that could indicate terrorist activities. (WaPo)

October 10, 2002

Around October 10

October 11, 2002

October 17, 2002

November 2002

November 9, 2002

November 18, 2002

2003

January 2003

January 31, 2003

The NSA memo will later be revealed to have been leaked to the Observer by Katharine Gun, a translator at GCHQ. She will be charged under the Official Secrets Act, with the case dropped when the goverment refuses to produce evidence. (BBC, ZNet)

February 2003

February 25, 2003

February 27, 2003

March 2003

March 21, 2003

March 25, 2003

April 2003

May 2003

May 2, 2003

May 30, 2003

July 2003

July 17, 2003

August 2003

September 2003

September 23, 2003

October 2003

October 3, 2003

October 6, 2003

December 2003

December 11, 2003

2004

January 2004

Late January, 2004

March 2004

March 4, 2004

March 5, 2004

March 6, 2004

March 7, 2004

March 9, 2004

March 9 or after

March 10, 2004

March 11, 2004

March 12, 2004

March 14, 2004

March 16, 2004

March 17, 2004

Around March

April 2004

April 19, 2004

For years, law enforcement used so-called roving wire taps to investigate organized crime. You see, what that meant is if you got a wire tap by court order -- and, by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example.

April 20, 2004

Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so.

May 2004

May 4, 2004

May 6, 2004

May 11, 2004

May 12, 2004

June 2004

July 2004

July 14, 2004

August 2004

August 9, 2004

September 2004

September 17, 2004

October 2004

November 2004

November 9, 2004

December 2004

December 17, 2004

2005

February 2005

February 3, 2005

April 2005

April 19, 2005

May 2005

June 2005

June 14, 2005

July 2005

July 13, 2005

Mid July

July 25, 2005

July 26, 2005

August 2005


September 2005

September 10, 2005

October 2005

October 26, 2005

December 2005

December 6, 2005

December 13, 2005

December 16, 2005

December 18, 2005

I authorized the National Security Agency, consistent with U.S. law and the Constitution, to intercept the international communications of people with known links to al Qaeda and related terrorist organizations.

December 19, 2005

GONZALES: We've had discussions with members of Congress, certain members of Congress, about whether or not we could get an amendment to FISA, and we were advised that that was not likely to be -- that was not something we could likely get, certainly not without jeopardizing the existence of the program, and therefore, killing the program. And that -- and so a decision was made that because we felt that the authorities were there, that we should continue moving forward with this program.
I authorized the interception of international communications of people with known links to al Qaeda and related terrorist organizations. This program is carefully reviewed approximately every 45 days to ensure it is being used properly. Leaders in the United States Congress have been briefed more than a dozen times on this program.

December 20, 2005

December 22, 2005

the President determined it was necessary following September 11 to create an early warning detection system. FISA could not have provided the speed and agility required for the early warning detection system.

December 24, 2005

December 30, 2005

Late December

2006

January 2006

January 1, 2006

January 4, 2006

However, with respect to the NSA program that you have disclosed, I have reviewed the law and now believe that the practice of briefing only certain Members of the intelligence committees violates the specific requirements of the National Security Act of 1947.

January 5, 2006

January 18, 2006

If the NSA surveillance program were to be considered an intelligence collection program, limiting congressional notification of the NSA program to the Gang of Eight ... would appear to be inconsistent with the law.
(Sources: CRS; WaPo 1/18/2006; NYT 1/19/2006)

January 19, 2006

January 23, 2006

January 27, 2006

January 24, 2006

January 31, 2006

February 2006

February 2, 2006


February 6, 2006

February 8, 2006

February 15, 2006

February 19, 2006

February 28, 2006

March 2006

March 21, 2006

March 28, 2006

March 30, 2006

March 31, 2006

May 2006

May 2, 2006

May 5, 2006

May 10, 2006

May 11, 2006

May 15, 2006

May 16, 2006

May 22, 2006

May 26, 2006

May 29, 2006

June 2006

June 20, 2006

June 22, 2006

June 30, 2006

July 2006

July 6, 2006

July 10, 2006

July 17, 2006

July 20, 2006

July 29, 2006

August 2006

August 11, 2006

August 17, 2006

"It was never the intent of the Framers to give the President such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights."
The suit against the NSA will be dismissed on appeal in July 2007. (Sources: Memo opinion; WaPo 8/17/2006; CNN 8/17/2005; Glenn Greenwald)

September 2006

September 6, 2006

September 29, 2006

October 2006

October 4, 2006

October 24, 2006

November 2006

November 27, 2006

December 2006

December 8, 2006

2007

January 2007

January 10, 2007

An anonymous official characterizes the change as "programmatic," rather than based on warrants targeting specific cases." The judge isssuing the order is not U.S. District Judge Colleen Kollar-Kotelly, the FISA panel's chief judge, but rather one of that court's rotating members who was assigned to hear cases that week. (Source: Court Will Oversee Wiretap Program, by Dan Eggen, Washington Post, January 17, 2007)

January 14, 2007

January 17, 2007


February 2007

February 1, 2007

March 2007

March 7, 2007

March 9, 2007

Unknown March

May 2007

May 2, 2007

May 25, 2007

Unknown May

May 31, 2007

June 2007

June 13, 2007

June 24, 2007

June 27, 2007

July 2007

July 7, 2007

August 2007

August 1, 2007

August 4, 2007

August 15, 2007

August 17, 2007

August 22, 2007

September 2007

September 5, 2007

September 10, 2007

September 18, 2007

September 26, 2007

September 28, 2007

November 2007

November 14, 2007

November 23, 2007

December 2007

December 16, 2007

December 17, 2007

2008

January 2008

January 8, 2008

January 10, 2008

January 20, 2008

Barack Obama is inaugurated as president.

January 24, 2008

March 2008

March 7, 2008

March 10, 2008

April 2008

April 3, 2008

May 2008

May 19, 2008

June 2008

June 3, 2008

July 2008

July 9, 2008

October 2008

October 9, 2008

October 23, 2008

November 2008

November 1, 2008

2009

January 2009

January 7, 2009

January 15, 2009

January 21, 2009

2013

June 2013

June 5, 2013

Related Articles

Bibliography

Electronic Surveillance and the Fourth Amendment, FindLaw. Caselaw summary.

Foreign Intelligence Surveillance Act (FISA), Center for National Security Studies. Legislative history.

Foreign Intelligence Surveillance Act Orders 1979-2004, Electronic Privacy Information Center (April 2005). A table of year-by-year statistics about the orders.

Inside America’s Secret Court: The Foreign Intelligence Surveillance Court, Patrick S. Poole (1999/2000).

The National Security Agency: Issues for Congress, Congressional Research Service (January 16, 2001).

The Nature and Scope of Governmental Electronic Surveillance Activity, Center for Democracy and Technology (June 2004).

NSA Intercepts for Bolton Masked as 'Training Missions', Wayne Madsen, Online Journal (April 25, 2005).

Spying: Giving Out U.S. Names, Mark Hosenball, Newsweek (May 2, 2005). "Unmasking" of U.S. names in NSA intercepts.

NSA Gave Other U.S. Agencies Information From Surveillance, Walter Pincus, Washington Post (January 1, 2006).

NSA Spy Program Hinges on State-of-the-Art Technology, Shane Harris, GovExec.com (January 20, 2006).

Domestic Spying: Bush Appointees Revolt, By Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas, Newsweek, Feb. 6, 2006.

On NSA Spying: A Letter to Congress, New York Review of Books (February 9, 2006).

Bush is not above the law, by James Bamford, New York Times, January 31, 2007.

Inside DCSNet: the FBI's Nationwide Eavesdropping Network, Wired.com, August 29, 2007.

Retrieved from "http://localhost../../../w/a/r/Warrantless_Eavesdropping_Timeline_ed13.html"

This page was last modified 04:59, 28 June 2013 by dKosopedia user Garrett. Based on work by Chad Lupkes and D. M. and dKosopedia user(s) Corncam, Allamakee Democrat, Bogar, BartFraden and Arbortender. Content is available under the terms of the GNU Free Documentation License.


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