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    FISA: How a Watergate-Era “Reform” Turned into a Mechanism of Massive State Surveillance

    enSeptember 04, 2024
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    Podcast Summary

    • Watergate and Surveillance ExpansionThe Watergate scandal led to the creation of the Foreign Intelligence Surveillance Act (FISA), which was intended to limit unauthorized surveillance but inadvertently expanded centralized surveillance power

      The Watergate scandal, which led to numerous reforms aimed at curbing government abuses, inadvertently paved the way for massive state surveillance. Initially, the intention was to limit unauthorized surveillance of U.S. citizens by the president and federal personnel. However, the response resulted in expanded centralized surveillance power through the Foreign Intelligence Surveillance Act (FISA), which was the opposite of their stated goal. The Watergate investigation uncovered the Nixon administration's attempt to use the CIA to cover up their involvement in the crime. This led Congress to investigate abuses of power by intelligence agencies, resulting in the creation of permanent oversight committees and FISA. Unfortunately, this legislation ended up expanding surveillance capabilities rather than limiting it.

    • FISA expansionThe FISA, established in 1978, has expanded significantly over the years due to acts like the USA Patriot Act and the Protect America Act, granting authorities longer surveillance orders, increased information sharing, and the ability to target U.S. citizens, leading to criticisms and the USA Freedom Act in 2015.

      The Foreign Intelligence Surveillance Act (FISA) was enacted in 1978 as a response to Watergate, establishing the Foreign Intelligence Surveillance Court (FISC) to review government requests for wiretap surveillance on foreign powers or their agents within the U.S. Over time, the FISA's scope expanded significantly due to various acts like the USA Patriot Act and the Protect America Act, granting authorities longer surveillance orders, increased information sharing, and the ability to target U.S. citizens. Criticisms against FISC's perceived rubber-stamping of surveillance requests led to the USA Freedom Act in 2015, which aimed to increase transparency and end bulk collection of US telephone records.

    • Federal surveillance expansionPost-Watergate reforms have led to an expansion of secret and warrantless surveillance, using FISA courts, at the expense of privacy and civil liberties

      The post-Watergate efforts to prevent secret and unauthorized surveillance of U.S. citizens by the federal government have, unfortunately, led to an abundance of secret and warrantless surveillance of both U.S. and non-U.S. citizens. This expansion of surveillance power began through the use of the Foreign Intelligence Surveillance Act (FISA) courts and has continued to grow over the past 50 years. The supposed reforms in Washington have resulted in more centralization and expansion of federal surveillance power rather than true limits on such activities. It is a concerning development that undermines privacy and civil liberties.

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