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The NSA warrantless surveillance controversy ("warrantless wiretapping") concerns surveillance of persons within the United States during the collection of allegedly foreign intelligence by the U.S. National Security Agency (NSA) as part of the touted war on terror. Under this program, referred to by the Bush administration as the terrorist surveillance program, part of the broader President's Surveillance Program, the NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity (Web, e-mail, etc.), text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. However, it has been discovered that all U.S. communications have been digitally cloned by government agencies, in apparent violation of unreasonable search and seizure. The excuse given to avoid litigation was that no data hoarded would be reviewed until searching it would be legal. But no excuse has been offered the initial seizure of the data which is also illegal, according to the U.S. Constitution. Critics, however, claimed that the program was in an effort to attempt to silence critics of the Bush Administration and its handling of several controversial issues during its tenure. Under public pressure, the Bush administration allegedly ceased the warrantless wiretapping program in January 2007 and returned review of surveillance to the FISA court. Subsequently, in 2008 Congress passed the FISA Amendments Act of 2008, which relaxed some of the original FISA court requirements. During the Obama Administration, the NSA has allegedly continued operating under the new FISA guidelines despite campaign promises to end warrantless wiretapping. However, in April 2009 officials at the United States Department of Justice acknowledged that the NSA had engaged in "overcollection" of domestic communications in excess of the FISA court's authority, but claimed that the acts were unintentional and had since been rectified. ==Overview== All wiretapping of American citizens by the National Security Agency requires a warrant from a three-judge court set up under the Foreign Intelligence Surveillance Act. After the 9/11 attacks, Congress passed the Patriot Act, which granted the President broad powers to fight a war against terrorism. The George W. Bush administration used these powers to bypass the FISA court and directed the NSA to spy directly on al-Qaeda in a new NSA electronic surveillance program. Reports at the time indicate that an "apparently accidental" "glitch" resulted in the interception of communications that were purely domestic in nature. This action was challenged by a number of groups, including Congress, as unconstitutional. The exact scope of the program remains secret, but the NSA was provided total, unsupervised access to all fiber-optic communications going between some of the nation's largest telecommunication companies' major interconnected locations, including phone conversations, email, web browsing, and corporate private network traffic.〔https://www.eff.org/files/filenode/att/presskit/ATT_onepager.pdf〕 Critics said that such "domestic" intercepts required FISC authorization under the Foreign Intelligence Surveillance Act.〔(Article 50 United States Code, Section 1809 ) (In FISA, subchapter 1)〕 The Bush administration maintained that the authorized intercepts were not domestic but rather foreign intelligence integral to the conduct of war and that the warrant requirements of FISA were implicitly superseded by the subsequent passage of the Authorization for Use of Military Force Against Terrorists (AUMF).〔U.S. Department of Justice White Paper on NSA Legal Authorities ("Legal Authorities Supporting the Activities of the National Security Agency Described by the President" (pdf) ) January 19, 2006.〕 FISA makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both. In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both. After an article about the program, (which had been code-named Stellar Wind), was published in ''The New York Times'' on December 16, 2005, Attorney General Alberto Gonzales confirmed its existence.〔(【引用サイトリンク】work=NYT's Risen & Lichtblau's December 16, 2005 Bush Lets U.S. Spy on Callers Without Courts ) via commondreams.org〕 ''The Times'' had posted the exclusive story on their website the night before, after learning that the Bush administration was considering seeking a Pentagon-Papers-style court injunction to block its publication.Bill Keller, the newspaper's former executive editor, had withheld the story from publication since before the 2004 Presidential Election, and the story that was ultimately published was essentially the same as reporters James Risen and Eric Lichtblau had submitted in 2004. The delay drew criticism from some in the press, arguing that an earlier publication could have changed the election's outcome. In a December 2008 interview with ''Newsweek'', former Justice Department employee Thomas Tamm revealed himself to be the initial whistle-blower to ''The Times''. The FBI began investigating leaks about the program in 2005, with 25 agents and 5 prosecutors on the case.〔 Gonzales said the program authorized warrantless intercepts where the government had "a reasonable basis to conclude that one party to the communication is a member of al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda, or working in support of al Qaeda" and that one party to the conversation was "outside of the United States." The revelation raised immediate concern among elected officials, civil right activists, legal scholars and the public at large about the legality and constitutionality of the program and the potential for abuse. Since then, the controversy has expanded to include the press' role in exposing a classified program, the role and responsibility of the US Congress in its executive oversight function and the scope and extent of presidential powers under Article II of the Constitution.〔(【引用サイトリンク】title=Debate on warrantless wiretapping legality )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「NSA warrantless surveillance (2001–07)」の詳細全文を読む スポンサード リンク
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