The Electronic Frontier Foundation has won a huge victory in its ongoing battle to turn over the rock of secret surveillance in the USA. A federal court has ordered the government to publish a 2011 opinion from the Foreign Intelligence Surveillance Court in which the court held that the NSA's surveillance was unconstitutional and not in "the spirit of" federal law.
For almost two years, EFF has been fighting the government in federal court to force the public release of an 86-page opinion of the secret Foreign Intelligence Surveillance Court (FISC). Issued in October 2011, the secret court's opinion found that surveillance conducted by the NSA under the FISA Amendments Act was unconstitutional and violated "the spirit of" federal law.
Today, EFF can declare victory: a federal court ordered the government to release records in our litigation, the government has indicated it intends to release the opinion today, and ODNI has called a 3:00 ET press conference to discuss "issues" with FISA Amendments Act surveillance, which we assume will include a discussion of the opinion.
It remains to be seen how much of the opinion the government will actually make available to the public. President Obama has repeatedly said he welcomes a debate on the NSA's surveillance: disclosing this opinion—and releasing enough of it so that citizens and advocates can intelligently debate the constitutional violation that occurred—is a critical step in ensuring that an informed debate takes place.