>Then at least it's on the books as a choice our society has made.
A handful of elites handing responsibility to a handful of FISA judges in closed/secret court is far, far a choice "society" has made.
From the norms and practices of the USG, I imagine almost everything the NSA does is perfectly legal. SCOTUS will respect the Executive in terms of its state secrets argument and Congress's leadership in handing responsibility to managing these things to FISA will also be deemed lawful.
A handful of elites handing responsibility to a handful of FISA judges in closed/secret court is far, far a choice "society" has made.
From the norms and practices of the USG, I imagine almost everything the NSA does is perfectly legal. SCOTUS will respect the Executive in terms of its state secrets argument and Congress's leadership in handing responsibility to managing these things to FISA will also be deemed lawful.