The FISC has twice found that certain Section 702 collection violated the Fourth Amendment. In 2011 the
government revealed that as part of its “upstream” Section 702 collection it collected non-targeted, entirely domestic
communications. When NSA violated the rules that were supposed to make this collection legal, FISC again deemed
the practice “a very serious Fourth Amendment issue.”
For almost 12 years, both under Section 702 and other programs before it, NSA was always engaging in or retaining
some kind of electronic surveillance the FISC would go on to deem unauthorized, and NSA would only fix the
problem when threatened with criminal sanctions.
The Mark Zaid Materials from the Jeffrey Sterling Trial
Because he just formed a new whistleblower group with John Napier Tye, there as been renewed interest in allegations an FBI Agent made during the Jeffrey Sterling case about attorney Mark Zaid. But there was actually a second detail regarding Zaid released just after the trial that has not been publicly reported: Zaid was interviewed by the FBI, twice, and was even interviewed before Sterling himself was.
I asked Zaid whether he was obligated to do the FBI interviews on Twitter but got no response. I think it’s possible FBI asked to interview him as much because the Senate Intelligence Committee was refusing to cooperate in the investigation as anything else; at the time, FBI considered SSCI staffer Bill Duhnke a more likely suspect than Sterling (and it’s not clear they ever ruled him out).