HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » We can applaud media's gr... » Reply #17

Response to cui bono (Reply #12)

Tue Mar 11, 2014, 06:37 PM

17. Breitbart?

To the contrary, there’s no indication that the still-active warrantless wiretapping program—which includes a warrantless dragnet on millions of innocent Americans’ communications—has significantly changed from the day Obama took office. With regard to the FISA Amendments Act, the Obama Administration has actively opposed all proposed safeguards in Congress. All the while, his Administration has been even more aggressive than President Bush in trying to prevent warrantless wiretapping victims from having their day in court and has continued building the massive national security infrastructure needed to support it.

https://www.eff.org/deeplinks/2012/10/fact-check-obamas-misleading-answer-about-warrantless-wiretapping-daily-show

This has nothing to do with Bush's illegal program. Here is information on the FISA law including the 2008 amendments.

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

Specifically, the Act:[19]

  • Prohibits the individual states from investigating, sanctioning of, or requiring disclosure by complicit telecoms or other persons.

  • Permits the government not to keep records of searches, and destroy existing records (it requires them to keep the records for a period of 10 years).

  • Protects telecommunications companies from lawsuits for "'past or future cooperation' with federal law enforcement authorities and will assist the intelligence community in determining the plans of terrorists". Immunity is given by a certification process, which can be overturned by a court on specific grounds.[20]

  • Removes requirements for detailed descriptions of the nature of information or property targeted by the surveillance if the target is reasonably believed to be outside the country.[20]

  • Increased the time for warrantless surveillance from 48 hours to 7 days, if the FISA court is notified and receives an application, specific officials sign the emergency notification, and relates to an American located outside of the United States with probable cause they are an agent of a foreign power. After 7 days, if the court denies or does not review the application, the information obtained cannot be offered as evidence. If the United States Attorney General believes the information shows threat of death or bodily harm, they can try to offer the information as evidence in future proceedings.[21]

  • Permits the Director of National Intelligence and the Attorney General to jointly authorize warrantless electronic surveillance, for one-year periods, targeted at a foreigner who is abroad. This provision will sunset on December 31, 2012.

  • Requires FISA court permission to target wiretaps at Americans who are overseas.

  • Requires government agencies to cease warranted surveillance of a targeted American who is abroad if said person enters the United States. (However, said surveillance may resume if it is reasonably believed that the person has left the States.)

  • Prohibits targeting a foreigner to eavesdrop on an American's calls or e-mails without court approval. [22]

  • Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.

  • Allows eavesdropping in emergencies without court approval, provided the government files required papers within a week.

  • Prohibits the government from invoking war powers or other authorities to supersede surveillance rules in the future.

  • Requires the Inspectors General of all intelligence agencies involved in the President's Surveillance Program to "complete a comprehensive review" and report within one year
Effects

  • The provisions of the Act granting immunity to the complicit telecoms create a roadblock for a number of lawsuits intended to expose and thwart the alleged abuses of power and illegal activities of the federal government since and before the September 11 attacks.[citation needed]

  • Allows the government to conduct surveillance of "a U.S. person located outside of the U.S. with probable cause they are an agent of a foreign power" for up to one week (168 hours) without a warrant, increased from the previous 48 hours, as long as the FISA court is notified at the time such surveillance begins, and an application as usually required for surveillance authorization is submitted by the government to FISA within those 168 hours[21]
http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act_of_1978_Amendments_Act_of_2008#Provisions


Here is a fact that even Snowden's legal reps understand:

Our Chat With Edward Snowden’s Legal Counsel

<...>

Winship: How would you characterize what he has revealed?

Wizner: Well, maybe the best way to answer that question is to remember what President Obama said in the first week after the revelations began to appear on front pages. He said Americans shouldn’t be too worried about these disclosures because all three branches of government had blessed the programs and activities that were being disclosed. That was a true statement. That was also exactly the problem. And it’s worth looking at what those same three branches of government have done since Edward Snowden’s disclosures, since the public was brought into this conversation.

So let’s look at the courts. Now, it’s true that a court called the Foreign Intelligence Surveillance Court had approved, in secret, some of these programs. It’s a court that hears only from the government, does not have the benefit of adversarial briefing, didn’t get to hear what our objections would have been. It’s also a court that was set up to give warrants, not to write opinions on whether surveillance programs in general were lawful. And when we tried to bring challenges to these programs in open federal courts, we got as far as the Supreme Court, but every court turned us away without even considering the legality of the programs. The government said, “These plaintiffs have no right to be in court. They can’t show that they were subjected to these surveillance programs, and therefore they don’t have standing. And they’re not allowed to use the discovery process to learn that, because that would be a state secret.” The result being that no one has the right to go into federal court to challenge the legality of these programs.

Edward Snowden was watching this. In our very first conversation, one of his first questions to me was, “Have these documents that have been published so far given you standing to go back in court?” To him, the idea that a court would not answer the question, “Is this program legal? Is it constitutional?” but instead would contort itself in order to not answer that question seemed like a failure of oversight, and he was right.

What’s happened since his disclosures? We have now taken some of these documents, gone back into federal courts, where our standing is really much harder to question. Two federal judges have now considered, for example, the constitutionality of the government’s collection of all telephone metadata. They’ve come so far to different conclusions on the legal question, but both said that the plaintiffs have standing to be in court. So one thing that he’s done is he’s reinvigorated judicial oversight.

- more -

http://billmoyers.com/2014/03/11/our-chat-with-edward-snowdens-legal-counsel/




Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 113 replies Author Time Post
blm Mar 2014 OP
Blue_Tires Mar 2014 #1
frazzled Mar 2014 #2
Cha Mar 2014 #3
Sarah Ibarruri Mar 2014 #4
cui bono Mar 2014 #10
Demeter Mar 2014 #36
blm Mar 2014 #46
WillyT Mar 2014 #74
blm Mar 2014 #79
grasswire Mar 2014 #104
blm Mar 2014 #105
Sarah Ibarruri Mar 2014 #56
Proud Liberal Dem Mar 2014 #5
rlegro Mar 2014 #34
brush Mar 2014 #60
Skidmore Mar 2014 #6
winter is coming Mar 2014 #7
Scuba Mar 2014 #8
ProSense Mar 2014 #13
Eleanors38 Mar 2014 #76
Scuba Mar 2014 #77
blm Mar 2014 #82
Eleanors38 Mar 2014 #92
cui bono Mar 2014 #9
ProSense Mar 2014 #11
cui bono Mar 2014 #12
Skidmore Mar 2014 #14
cui bono Mar 2014 #16
LineLineLineLineReply Breitbart?
ProSense Mar 2014 #17
cui bono Mar 2014 #19
ProSense Mar 2014 #20
cui bono Mar 2014 #22
Cha Mar 2014 #28
Number23 Mar 2014 #51
Cha Mar 2014 #54
OnyxCollie Mar 2014 #21
Bobbie Jo Mar 2014 #68
cui bono Mar 2014 #96
blm Mar 2014 #38
Number23 Mar 2014 #52
blm Mar 2014 #70
treestar Mar 2014 #58
cui bono Mar 2014 #98
Th1onein Mar 2014 #62
sendero Mar 2014 #95
cui bono Mar 2014 #97
sendero Mar 2014 #103
kelliekat44 Mar 2014 #15
Number23 Mar 2014 #26
markpkessinger Mar 2014 #18
stevenleser Mar 2014 #24
Cha Mar 2014 #32
blm Mar 2014 #39
Ichingcarpenter Mar 2014 #65
blm Mar 2014 #88
KoKo Mar 2014 #90
blm Mar 2014 #94
grasswire Mar 2014 #106
blm Mar 2014 #109
TheKentuckian Mar 2014 #107
blm Mar 2014 #108
TheKentuckian Mar 2014 #111
blm Mar 2014 #112
frylock Mar 2014 #23
fascisthunter Mar 2014 #25
frylock Mar 2014 #27
fascisthunter Mar 2014 #29
frylock Mar 2014 #30
Skidmore Mar 2014 #31
fascisthunter Mar 2014 #33
Skidmore Mar 2014 #40
fascisthunter Mar 2014 #42
Number23 Mar 2014 #53
blm Mar 2014 #41
treestar Mar 2014 #59
delrem Mar 2014 #61
stupidicus Mar 2014 #35
blm Mar 2014 #43
stupidicus Mar 2014 #47
blm Mar 2014 #48
stupidicus Mar 2014 #49
Cha Mar 2014 #57
whatchamacallit Mar 2014 #37
blm Mar 2014 #44
Skidmore Mar 2014 #45
delrem Mar 2014 #50
blm Mar 2014 #69
delrem Mar 2014 #71
blm Mar 2014 #72
delrem Mar 2014 #73
blm Mar 2014 #78
delrem Mar 2014 #80
blm Mar 2014 #81
delrem Mar 2014 #83
blm Mar 2014 #85
delrem Mar 2014 #86
blm Mar 2014 #87
LineLineLineLineLineLineLineLineLineLineReply .
delrem Mar 2014 #91
delrem Mar 2014 #93
ecstatic Mar 2014 #55
BelgianMadCow Mar 2014 #63
blm Mar 2014 #89
Fearless Mar 2014 #64
ucrdem Mar 2014 #66
Bobbie Jo Mar 2014 #67
Zorra Mar 2014 #75
questionseverything Mar 2014 #101
fascisthunter Mar 2014 #102
leftyladyfrommo Mar 2014 #84
JoePhilly Mar 2014 #99
leftynyc Mar 2014 #100
PowerToThePeople Mar 2014 #110
bobthedrummer Mar 2014 #113
Please login to view edit histories.