DOJ Says Public Has No Right To Know About The Secret Laws The Feds Use To Spy On Us

Mike Masnick | Techdirt | July 8, 2013

from the what,-you-want-to-know-that-stuff? dept

So, we were just discussing the insanity of the FISA court (FISC) basically acting as a shadow Supreme Court, making broad rulings in total secrecy that have created a secret body of law that the public is not allowed to know about. Given increasing revelations about these shadow laws, the ACLU and other public interest groups are trying, yet again, to get access to some of these key rulings. All along, they've been extremely careful to note that they're not asking FISC to reveal specific foreign intelligence issues, operations or targets: merely the parts of the rulings that identify what the law is -- i.e., how it's being interpreted by the courts. Because that seems rather fundamental to a functioning democracy.

However, as you might expect, the Justice Department has now hit back with a new filing that says, flat out, the public has no right to know what the secret court is ruling on and how it's codifying secret laws. The argument is, basically, that because FISC rulings have almost always been secret, then it's perfectly reasonable that they're secret. In other words, it's perfectly legal for secret laws to remain secret, because they're secret. Later it also argues that actually revealing the law would be (oooooooh, scary!) dangerous...