The wall separating “foreign” intelligence operations from domestic criminal investigations has finally, fully collapsed. The FBI now plans to act on a rule change initiated by the Bush administration and finally massaged into actionable policy by Obama: Soon, domestic law enforcement agencies like the FBI will be able to search through communications collected under the mysterious authority of executive order 12333. Now, FBI agents can query the NSA’s database of Americans’ international communications, collected without warrants pursuant to Section 702 of the 2008 FISA Amendments Act. That law put congress’ stamp of approval on the Bush administration’s warrantless wiretapping program, which was widely denounced as totalitarian when the New York Times‘ James Risen exposed it to the world in 2005.
The New York Times reports:
Until now, National Security Agency analysts have filtered the surveillance information for the rest of the government. They search and evaluate the information and pass only the portions of phone calls or email that they decide is pertinent on to colleagues at the Central Intelligence Agency, the Federal Bureau of Investigation and other agencies. And before doing so, the N.S.A. takes steps to mask the names and any irrelevant information about innocent Americans.
The new system would permit analysts at other intelligence agencies to obtain direct access to raw information from the N.S.A.’s surveillance to evaluate for themselves.