Quote:
http://www.aclu.org/safefree/nationalsecurityletters/28969lgl20070309.html
Low-Level Authorization
* Section 505 of the Patriot Act expanded approval authority to “Special Agents in Charge” of field offices to sign NSLs. Previously authority held by a group of senior FBI officials at headquarters. (p. x)
Quote:
Roving wiretaps:
Section 206 expands the 1978 Foreign Intelligence Surveillance Act to allow federal agents to wiretap several phone lines based on a single wiretap order, issued by the secret FISA court. The target of the roving wiretaps under 206 can be a “John Doe,” in contravention of previous court rulings that either the person or the place to be wiretapped must be “particularly described.” These wiretaps don’t require after-the-fact justification to the court, though pending reauthorization would change that.
National Security Letters:
Section 505 allows the FBI to obtain from businesses the details of telecommunications and financial records without judicial oversight. As in Section 215, customers need not be a target of an investigation, but only “relevant” to it. NSL’s don’t need specific facts to back their issuance, and it is against the law for a business to disclose that it has received one. Nor is there a right for the business to challenge an NSL. A federal court decision has already declared this NSL power unconstitutional and is pending appeal. Both pending versions of the PATRIOT reauthorization would make Section 505 permanent and provide limited rights to counsel and challenge.
Quote:
I have seen several articles stating that the "roving wiretap" amendment in the Anti-Terrorism bill would allow the government to wiretap all phones in a wide area. This is false.
Quote:
Sec. 909. REVISION TO EXISTING AUTHORITY FOR MULTIPOINT WIRETAPS.
(a) Section 2518(11)(b)(ii) of title 18 is amended: by deleting "of a purpose, on the part of that person, to thwart interception by
changing facilities." and inserting "that the person had the intent to thwart interception or that the person's actions and conduct would have the effect of thwarting interception from a specialized facility.".
(b) Section 2518(11)(b)(iii) is amended to read: "(iii) the judge finds that such showing has been adequately made.". [The current
wording is: "(iii) the judge finds that such purpose has been adequately shown."
Quote:Did you want to get your legislations straight, or continue with making glaring mistakes?
http://www.epic.org/privacy/terrorism/hr3162.html
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting `, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,' after `specified person'.
Quote:
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION-
(1) LAW ENFORCEMENT- Section 2517 of title 18, United States Code, is amended by inserting at the end the following:
`(6) Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in subsection (19) of section 2510 of this title), to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.'.
djmoore85 wrote:Been awhile since I dropped by and looked at this thread. Harrison, I agree with ya. People get worked up, but if you have nothing to hide, then why worry?
Quote:The problem is that the burden of evidence has been dropped. Whereas before, in order to get a pen register warrant you had to have evidence of wrong-doing on the part of an individual, you also had to prove that the person was not acting alone, and was in fact part of a larger organization. Now, you need a sworn affidavit (under FISA, under Title 18, you need a modicum of de facto evidence that indicates a possible connection to a larger crime, which varies by crime)... before, once you got a pen register, you needed to cross-check against the phone company's registry to find commonalities that might be indicators of conspiracy in order to get a multi-point warrant, but a Judge would have to sign off on each number individually, and any additions to the warrant would have to be documented and signed off on... now, the standard is that you can basically get warrants to blanket-tap everyone on the outgoing list, and multiple contacts on the incoming list.
I got into a heated debate with a local person the other day, and I finally have just gotten fed up with tryin to point out the fact that documentation and proper reason has to be presented before investigation is allowed.
Quote:Not yet, at any rate. You have freedom of speech and association and assembly, but those weren't infringed upon under PA. They would have been under PA II to a degree... and then it's just a matter of time before the erosion of freedoms makes your rights the punchline to a sick joke. This has happened before, and the US is not immune to it.
Calling the President's actions "idiotic" won't get a viable warrant.
Quote:We're not talking about living in the armed services... we're talking about the average Joe in the USA. You've said you accepted the burdens and restrictions willingly, average citizens did not.
Now how's this for ya: in the service, my supervisors are all over my personal life. Financial status, family problems, personal issues, are all talked about and asked about openly.
Quote:We call it a CLS or BHM in Canadia (Career Limiting Statement or Bone Head Maneuver, when you talk bad about whoever is ultimately in charge and it gets back to the MFWIC)
And God forbid you say something degrading or demeaning about the President around the wrong person.
Quote:Most? I doubt it. Some, sure... but, people that want out of mandated service usually have the option of Conscientious Objector Status, or alternative service... Countries that are under dictatorships, they're a little different in that you can be killed (not just get in trouble) for doing nothing wrong, or doing things too well. In western countries, there's usually options for those that don't want to serve in battle.
You think a phone-tap is bad? You can get in trouble for breaking your oath of enlistment if the wrong person hears it. Now I signed the line and am proud to have taken the enlistment willingly, most countries outside of the US have mandatory enlistments for males, and saying the wrong thing about the leadership or government is punishable by death in those countries.
Quote:What about making things better for everyone? Holding yourself to your own principles? Staying within the spirit of your founding fathers? Just words?
So my basic point is this: if you have so many problems and complaints about this country, then go somewhere you will be happy.
Quote:I think that the US gets more than it's fair share of criticism, but you can't ignore that a lot of it is justified, if not richly deserved. Doing the right thing, the right way, at the right time, for the right reason; that hasn't happened since WWII. Things are a lot muddier, and there's no real "good guys" anymore... the world is a lot more Machiavellian than most want to believe. It sucks, but that's the way it is.
You have the choice, great thing about this country is you have the choice to do it. And if you have the will, there is a way. I don't try to debate politics or religion with anyone around here any more, I find more and more people that have nothing good to say about the country. I think it's the greatest nation on this earth, we have more freedoms than nearly all countries. And that's pretty much all there is to say on my behalf.