NSA Accused of Breaking More Rules to Spy on Citizens
The challenge is being raised by the Electronic Privacy Information Center, which started protesting the NSA surveillance plans a few weeks ago, and promises to renew the protest every week until something happens.
It points out that the NSA’s search and copy functions regarding Americans and their telephone or other records, “also constitutes a legislative rule that ‘substantively affects the public to a degree sufficient to implicate the policy interests animating notice-and-comment rulemaking.”
What that means is that the organization believes the Administrative Procedures Act requires the NSA to open up its surveillance strategy for a public comment period – before it legally could begin those search and copy functions.
“Accordingly, the NSA’s collection of domestic communications, absent the opportunity for public comment, is unlawful,” the letter to NSA chief Keith Alexander and Defense Secretary Chuck Hagel explains.
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