The Wall Street Journal blew the lid off of the FISA debate today, uncovering that- despite Congress killing it five years ago- the Pentagon's program to collect electronic information about people lives on. It just moved over to NSA:

Five years ago, Congress killed an experimental Pentagon antiterrorism program meant to vacuum up electronic data about people in the U.S. to search for suspicious patterns. Opponents called it too broad an intrusion on Americans' privacy, even after the Sept. 11 terrorist attacks.

But the data-sifting effort didn't disappear. The National Security Agency, once confined to foreign surveillance, has been building essentially the same system.

The central role the NSA has come to occupy in domestic intelligence gathering has never been publicly disclosed. But an inquiry reveals that its efforts have evolved to reach more broadly into data about people's communications, travel and finances in the U.S. than the domestic surveillance programs brought to light since the 2001 terrorist attacks.

snip

According to current and former intelligence officials, the spy agency now monitors huge volumes of records of domestic emails and Internet searches as well as bank transfers, credit-card transactions, travel and telephone records. The NSA receives this so-called "transactional" data from other agencies or private companies, and its sophisticated software programs analyze the various transactions for suspicious patterns. Then they spit out leads to be explored by counterterrorism programs across the U.S. government, such as the NSA's own Terrorist Surveillance Program, formed to intercept phone calls and emails between the U.S. and overseas without a judge's approval when a link to al Qaeda is suspected.

The NSA's enterprise involves a cluster of powerful intelligence-gathering programs, all of which sparked civil-liberties complaints when they came to light. They include a Federal Bureau of Investigation program to track telecommunications data once known as Carnivore, now called the Digital Collection System, and a U.S. arrangement with the world's main international banking clearinghouse to track money movements.

The effort also ties into data from an ad-hoc collection of so-called "black programs" whose existence is undisclosed, the current and former officials say. Many of the programs in various agencies began years before the 9/11 attacks but have since been given greater reach. Among them, current and former intelligence officials say, is a longstanding Treasury Department program to collect individual financial data including wire transfers and credit-card transactions.

So the administration explicitly operated against Congressional direction, engaging in activity that had been deemed in violation of 4th Amendment protections. Why? mcjoan read the same WSJ article and explains:

Huge amounts of data--e-mail information (sender, recipient, subject line, time stamp), Internet searches (both conducted searches and sites visited), both wired and wireless phone calls (incoming and outgoing, as well as location and duration), financial records (credit card activity, wire transfers, bank account information), and tracking information from the TSA--are being swept up by the NSA and monitored for suspicious patterns. All of this is ok, says the deputy director of national intelligence, because of My Space.

Since many people routinely post details of their lives on social-networking sites such as MySpace, he said, their identity shouldn't need the same protection as in the past. Instead, only their "essential privacy," or "what they would wish to protect about their lives and affairs," should be veiled, he said, without providing examples.

That's right. Because people socialize on the Internet, they've given up any expectation of having their privacy rights protected or respected.

Yup. MySpace=Forfeiture of 4th Amendment. That argument hangs together right?

You may recall that not terribly long ago, Senator Feinstein was talking about operating in good faith regarding the surveillance programs of this administration. About weakening oversight of those programs. Quelle surprise, the administration does whatever it wants no matter what Congress does.

Can we fight them now? I look forward to hearing Senator Feinstein's thoughts.