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UCmeNdc

(9,589 posts)
Wed Jun 12, 2013, 12:02 PM Jun 2013

To me, If you really want to solve the problem of over eager electronic surveillance

The main idea on your agenda would be the repeal of the Patriot Act.

That would solve the problem of an over eager Presidents misuse of their constitutional powers.

It seems funny how congress gives the President the power to do all of this "secret data collecting" then complains about not being able to control its overreach.

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dkf

(37,305 posts)
4. PRISM Program: Obama Administration Held 22 Briefings For Congress On Key FISA Law
Wed Jun 12, 2013, 12:36 PM
Jun 2013

WASHINGTON -- Obama administration officials held 22 separate briefings or meetings for members of Congress on the law that has been used to justify the National Security Agency's controversial email monitoring program, according to data provided by a senior administration official.

According to the official, the sessions that took place over the course of 14 months starting in October 2011 touched on Section 702 of the Foreign Intelligence Surveillance Act (FISA) Amendments Act, which gives the attorney general and director of national intelligence the authority to gather intelligence on non-U.S. citizens for up to one year. Section 702 has been cited by Director of National Intelligence James Clapper as the legal basis for the NSA's PRISM program, which has allowed the government to track email communication data.

http://www.huffingtonpost.com/2013/06/10/prism-program-obama_n_3416973.html

jeff47

(26,549 posts)
5. PRISM is gathering information on non-US persons.
Wed Jun 12, 2013, 12:43 PM
Jun 2013

The phone records program is the one gathering information on US persons. That one is legal under the 2010 version of the Patriot act.

People are upset about "spying on Americans". So they're either upset about the phone records, or they've mistakenly conflated the two programs.

 

dkf

(37,305 posts)
6. Many American records are showing up in PRISM program as the burden is 51% likelihood of foreignness
Wed Jun 12, 2013, 12:48 PM
Jun 2013

Not a high bar. Moreover the Verizon records doc was in the FISA court.

This is a FISA problem. Patriot act issues would be adjudicated in the regular courts.

jeff47

(26,549 posts)
8. Again, you're conflating the two programs.
Wed Jun 12, 2013, 01:10 PM
Jun 2013

Which is why you're wrong about which law legalized the phone records program.

Patriot act issues would be adjudicated in the regular courts.

Nope, the 2010 Patriot Act actually calls out going to the FISA court for approval of various things. Such as collecting phone records.

As for the PRISM program, nothing has been released about how they collect the data. Which is actually rather important if you're evaluating the "51%" threshold.

My personal guess is they're monitoring the fiber optic links that enter the US - that makes the most sense to me given what has been released and what has been denied.

If that's true, all of the data starts in a foreign country. The only US Persons that need to be filtered out are US citizens who happen to be in a foreign country, so the 51% threshold becomes significantly less sinister. After all, the government is allowed to search citizens when they enter the country when the government is 100% sure they're a citizen (Customs). We shouldn't expect data to be more sacrosanct than the physical world.

UCmeNdc

(9,589 posts)
10. Without the Patriot Act the PRISM program would definitely not exist
Wed Jun 12, 2013, 02:43 PM
Jun 2013

Before the Patriot Act existed, the government had to get a court order to legally wiretap any US citizen anywhere in the world.

90-percent

(6,828 posts)
9. I've got a better idea
Wed Jun 12, 2013, 02:21 PM
Jun 2013

Let's impeach all politicians that have clearly violated their oath of office to preserve, protect and defend the Constitution. I would guess that 80% of all three branches of government are guilty of violating this oath!

-90% Jimmy

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