How a Court Secretly Evolved, Extending US Spies’ Reach

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Ten months after the Sept 11 attacks, the nation’s surveillance court delivered a ruling that intelligence officials consider a milestone in the secret history of American spying and privacy law.

Called the “Raw Take” order -- classified docket No. 02-431 -- it weakened restrictions on sharing private information about Americans, according to documents and interviews. The administration of President George W. Bush, intent on not overlooking clues about Al Qaeda, had sought the July 22, 2002 order. It is one of several still-classified rulings by the Foreign Intelligence Surveillance Court described in documents provided by Edward J. Snowden, the former National Security Agency contractor.

The leaked documents that refer to the rulings, including one called the “Large Content FISA” order and several more recent expansions of powers on sharing information, add new details to the emerging public understanding of a secret body of law that the court has developed since 2001. The files help explain how the court evolved from its original task -- approving wiretap requests -- to engaging in complex analysis of the law to justify activities like the bulk collection of data about Americans’ emails and phone calls.

The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the NSA, the FBI and the CIA to share unfiltered personal information.


How a Court Secretly Evolved, Extending US Spies’ Reach