OK

This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.

ATTENTION: READ THE RULES.

  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

I think this is a really good idea.  The FISA courts only hear one side, which apparently has led to only one request out of thosands in the last few decades that was rejected.  Hell of a batting average, but most attorneys could do so if they had no adversary.  When you hear only one side, that side almost always wins.  If Democratic Congressman Schiff gets his way, no more.  There will be two sides.  

Schiff’s proposal will require the Privacy and Civil Liberties Board — an agency within the Executive Branch that is supposed to monitor the balance between anti-terror policies and civil liberties — to create a pool of attorneys with experience in Fourth Amendment or national security law to argue the side of the public when the government requests a surveillance warrant. Under the proposal, the FISA court would be required to appoint a lawyer to act as a kind of “public advocate” for cases that would have broad constitutional implications.

“What we have in mind is to use the Privacy and Civil Liberties board to generate a pool of attorneys, in consultation with the Justice Department, that will be cleared and can provide a contrary view in significant FISA court cases,” Schiff told me today. “The court will have the benefit of hearing contrary views and contrary case law.”

“These attorneys that would have the same access to classified material and same right of appeal as would the government’s attorneys,” Schiff continued.

snip

There has to be a mechanism to ensure the presentation of contrary views,” Schiff continued. “If it is entirely left to the FISA court there won’t be a lot of public confidence in it.”

The Plum Line: Reform of NSA surveillance is probably inevitable

I think this is a no-brainer.  At a minimum, a FISA court needs to have adversarial proceedings.

Intro

You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

Extended (Optional)

EMAIL TO A FRIEND X
Your Email has been sent.