One of the 11 judges sitting on the Foreign Intelligence Surveillance Court ruled that the Obama administration must consider releasing the court’s classified opinions concerning the National Security Agency’s domestic spying. He said the publication of the opinions would “contribute to an informed debate.” The court had recently released opinions calling the surveillance unconstitutional. (Courthouse News Service, September 16, 2013, by Nick Divito)
The judge, F. Dennis Saylor IV of Boston, said a document on surveillance of phone logs leaked in June by Edward J. Snowden, the former N.S.A contractor, had prompted much interest and discussion. Director of intelligence James Clapper recently stated his desire for a national debate on the surveillance issues reversing the position that any discussion would endanger national security. (The New York Times, September 14, 2013, by Scott Shane)
Steven Aftergood of Secrecy News, September 13, 2013, wrote that given Clapper’s admission that release of a classified FISC order inspired necessary debate, “that means that the original classification of the order had precluded a necessary public debate. If so, it follows that a thorough reconsideration of classification policy and practice is due.”