SunfireN2o wrote:Ive thrown down the Ben Franklin quote before and il do it again.
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
Hahahaha wrote:Next will they be able to enter your home without a warrant? This is not a concern about how it has been used, but how is could be.
John Wilken wrote:
I'm not surprised about the govt using terrorism as an excuse to snoop where they legally couldn't otherwise.
I'm sure the govt has been and will continue illegally eavesdropping anywhere they want, with or without the patriot act.
Quote:
I have no doubt that revelations in the New York Times that the NSA has been conducting selective and limited surveillance of terrorist communications crossing into or out of the United States will be immensely valuable to our enemies. I also have no doubt that these and similar actions can be legal, even when conducted without warrants.
How could that be? From the sound and fury of the last few days from politicians and pundits, you would think this is a development as scandalous as Attorney General Robert F. Kennedy's authorization to wiretap Martin Luther King Jr. But the legality of the acts can be demonstrated with a look through the Foreign Intelligence Surveillance Act (FISA). For example, check out section 1802, "Electronic Surveillance Authorization Without Court Order." It is most instructive. There you will learn that "Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year" (emphasis mine).
Naturally, there are conditions. For example, the surveillance must be aimed at "the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers." Wait, is a terrorist group considered a foreign power? Yes, as defined in section 1801, subsection (a), "foreign power" can mean "a group engaged in international terrorism or activities in preparation therefore," though the statue language would explicitly apply to "a faction of a foreign nation or nations."
But isn't international terrorism that which takes place abroad, as opposed to homegrown domestic terrorism? Not exactly: Section 1801 subsection (c) defines international terrorism as, among other things, terrorist actions that "occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum." So if you are hiding, making plans, facilitating, attacking, or intending to spread fear inside the US, and have a link abroad, you are an international terrorist. Quite sensible.
O.K. fine, but what about the condition that there be "no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party?" Doesn't that necessarily cut out any and all communication that is domestic in origin or destination? Well, not quite. Return to section 1801, subsection (i): "United States person," which includes citizens, legal aliens, and businesses, explicitly "does not include a corporation or an association which is a foreign power."
Well sure, but does that mean that even if you are a citizen you cash in your abovementioned rights by collaborating with terrorists? Yes you do. You have then become an "Agent of a foreign power" as defined under subsection (b)(2)(C). Such agents include anyone who "knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power," and even includes those who aid and abet or knowingly conspire with those engaged in such behavior.
Wait, that includes anyone, even citizens? Yes — subsection (b)(1) is the part that applies to foreigners; (b)(2) covers everybody. And the whole point of the act is to collect "foreign intelligence information," which is defined under section 1801 subsection (e)(1)(B) as "information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against sabotage or international terrorism by a foreign power or an agent of a foreign power."
Whoa, you say, that is way too much power for the president to wield without checks and balances! Well, true, and since Congress wrote this law, they included reporting requirements. The attorney general must report to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence 30 days prior to the surveillance, except in cases of emergency, when he must report immediately. He must furthermore "fully inform" those committees on a semiannual basis thereafter, per section 1808 subsection (a). He must also send a copy of the surveillance authorization under seal to the so-called FISA Court as established in section 1803; not for a warrant, but to remain under seal unless certification is necessary under future court actions from aggrieved parties under section 1806 (f).
This is significant, because it means that some of the same politicians who have been charging abuse of power may also have been briefed on what was going on long ago. The White House should get ahead of the story by noting which congressmen were informed of these activities, instead of allowing them to grandstand so shamelessly. It would also help if the White House released some information on how the surveillance has helped keep the country safe. What attacks were disrupted, what terrorists were taken down, how many people saved? A few declassified examples would be very useful to ground the discussion in reality rather than rhetoric.
So how do the revelations in the Times help the terrorists? Think it through — if you were a terrorist and you believed (as most people seem to) that the NSA would ignore your communications if they crossed U.S. borders, your best move would be to set up communications relay stations inside the U.S. Terrorists are well known for their ability to find and exploit loopholes in our laws, and this would be a natural. For all we know our intelligence agencies have been exploiting these types of communications for years without the terrorists knowing it. Now they will fall silent, because now the bad guys know better. So New York Times writer James Risen will sell his book, the Times will increase circulation, politicians will beat their breasts and send out fundraising letters, and who will pay in the end?
You can answer that one.
— James S. Robbins is senior fellow in national-security affairs at the American Foreign Policy Council, a trustee for the Leaders for Liberty Foundation, and an NRO contributor.
GAM (The Kilted One) wrote:If you don't think privacy is something you might want, might I suggest reading George Orwell - 1984.Who said they didn't want privacy? It's long been legal to have wiretaps with a court order. If there was reason to spy on you, it could be done. It's not much different now. It's just that the president can do it (in an emergency) without the court order. There's still reporting requirements to congress that have to be followed so the potential for abuse is minimized.
SunfireN20 wrote:"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
Labotomi wrote:Who said they didn't want privacy? It's long been legal to have wiretaps with a court order. If there was reason to spy on you, it could be done. It's not much different now. It's just that the president can do it (in an emergency) without the court order. There's still reporting requirements to congress that have to be followed so the potential for abuse is minimized.
mw10bvh wrote:Why is the news media all of a sudden making such a big deal over something most of us already knew. The patriot act allowed this and it was covered in the news back when it was being pushed to be approved the first time. Why are people suprised they actually did it now? Were people so nieve to think that the goverment wouldnt use the power they granted themselves? Who here is suprised about this "new" information?
Labotomi wrote:Who said they didn't want privacy? It's long been legal to have wiretaps with a court order. If there was reason to spy on you, it could be done. It's not much different now. It's just that the president can do it (in an emergency) without the court order. There's still reporting requirements to congress that have to be followed so the potential for abuse is minimized.
Jackalope wrote:I gotta ask...... How is that an impeachable act? I disagree with it too and I think Bush is stupid as sh-t for proposing let alone letting it be done but how is this latest bout of Washington stupidity an impeachable act ? Please explain.
Labotomi wrote:GAM (The Kilted One) wrote:If you don't think privacy is something you might want, might I suggest reading George Orwell - 1984.Who said they didn't want privacy? It's long been legal to have wiretaps with a court order. If there was reason to spy on you, it could be done. It's not much different now. It's just that the president can do it (in an emergency) without the court order. There's still reporting requirements to congress that have to be followed so the potential for abuse is minimized.
GAM (The Kilted One) wrote:it got changed into the monstrosity it became (fast sleight of hand on the part of Rumsfeld). The 4 years that it's been in effect haven't netted a SINGLE terrorism charge, so in effect, all evidence gathered under its auspices is in jeopardy unless it's collection could have been discovered inevitably with laws previously in force.
Jackalope wrote:Thanks AGuSTiN, good stuff but wouldn't that warrent the impeachment of all those who signed off on the patriot act ?
Quote:It's nothing new. We have a government with the technology (and apparently the will) to eavesdrop on us. It's not a new thing with George Bush. It wasn't new with Bill Clinton. Get used to it.
On Friday, the New York Times suggested that the Bush administration has instituted "a major shift in American intelligence-gathering practices" when it "secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without [obtaining] court-approved warrants."
But in fact, the NSA had been monitoring private domestic telephone conversations on a much larger scale throughout the 1990s - all of it done without a court order, let alone a catalyst like the 9/11 attacks.
In February 2000, for instance, CBS "60 Minutes" correspondent Steve Kroft introduced a report on the Clinton-era spy program by noting:
"If you made a phone call today or sent an e-mail to a friend, there's a good chance what you said or wrote was captured and screened by the country's largest intelligence agency. The top-secret Global Surveillance Network is called Echelon, and it's run by the National Security Agency."
NSA computers, said Kroft, "capture virtually every electronic conversation around the world."
Echelon expert Mike Frost, who spent 20 years as a spy for the Canadian equivalent of the National Security Agency, told "60 Minutes" that the agency was monitoring "everything from data transfers to cell phones to portable phones to baby monitors to ATMs."
Mr. Frost detailed activities at one unidentified NSA installation, telling "60 Minutes" that agency operators "can listen in to just about anything" - while Echelon computers screen phone calls for key words that might indicate a terrorist threat.
The "60 Minutes" report also spotlighted Echelon critic, then-Rep. Bob Barr, who complained that the project as it was being implemented under Clinton "engages in the interception of literally millions of communications involving United States citizens."