Thaw America is an effort to overturn an erroneous ruling by the secret FISA Court of Review which would massively and negatively impact American civil rights. On November 21, 2016 Walsh and Walsh LLP filed a writ of certiorari with the US Supreme Court, requesting review of the ruling. The ruling, named FISCR 16-01, allows law enforcement to record telephone calls and (potentially) internet traff
ic without a warrant. The case centers on pen registers, a legal tool law enforcement uses to collect telephone metadata and which courts cannot refuse to grant. In FISCR 16-01, the FISA Court of Review (abbreviated FISCR or FICoR) found a pen register can be used to record the body of calls in order to collect any phone numbers dialed during the call. This conflicts with the findings of every federal circuit court when considering the same question. The other courts have found that recording the body of calls is illegal. The largest effect is the removal to the right of privacy in phone calls. Under this ruling, the government can, without a warrant or any significant judicial oversight, record the content of telephone calls. Such recording can affect the right to free speech via a "chilling effect". The chilling effect occurs when people know the government could be listening and choose not to express views the government (or its agents) may not like. Worse, FISCR 16-01 applies within the US, to US Citizens and permanent residents. Pen registers are not just tools for foreign surveillance; they are quite commonly used in domestic investigations as well.
