An anonymous reader writes: U.S. Magistrate Judge Stephen Smith estimates in a new paper (PDF) that 30,000 secret surveillance orders are published each year. 'Though such orders have judicial oversight, few emerge from any sort of adversarial proceeding and many are never unsealed at all.' Smith writes, 'To put this figure in context, magistrate judges in one year generated a volume of secret electronic surveillance cases more than thirty times the annual number of FISA cases; in fact, this volume of ECPA cases is greater than the com-bined yearly total of all antitrust, employment discrimination, environmen-tal, copyright, patent, trademark, and securities cases filed in federal court.' He also adds a warning: 'Lack of transparency in judicial proceedings has long been recognized as a threat to the rule of law and roundly condemned in ringing phrases by many Supreme Court opinions.'
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