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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPatriot Act’s Absurd New Spawn: Just When You Thought it Couldn’t Get Any Worse
http://www.alternet.org/patriot-acts-absurd-new-spawn-just-when-you-thought-it-couldnt-get-any-worseCongress may be preparing to reinforce two horrible FISA Court decisions and an abusive government search with no debate in the coming weeks: a decision to give national security orders unlimited breadth, one making it legal for the government to investigate Americans for activities protected under the First Amendment, and the FBIs back door searches of Americans communication content collected under the FISA Amendment Act Section 702 authority.
On Tuesday, the ACLU and the Department of Justice argued about the legality of the NSAs phone dragnet program before the 2nd Circuit Court of Appeals in New York. Much of the discussion focused on the implications of the governments theories that it can collect all phone records in the United States based on a claim they are relevant to standing terrorism investigations. You can collect everything there is to know about everybody and have it all in one big government cloud, said Judge Gerard Lynch, describing the implications of the governments theories to Assistant Attorney General Stuart Delery.
But the ACLU and the government also engaged in an equally important debate on whether the FISA Courts interpretation of the word relevant overstepped Congress intent focused on whether Congress had backed FISCs definition of relevant by reauthorizing the Patriot Act twice.
The executive branch and the FISA Court have spent the last 15 months arguing that Congress ratified the expansive interpretations on which the phone dragnet program relies when it reauthorized the Patriot Act in 2010 and 2011 because, having been informed of the program, Congress extended the Patriot Act without changing that language. When Congress reenacts a statute without change, the administration said in a white paper on the phone dragnet in August 2013, it is presumed to have adopted the administrative or judicial interpretation of the statute if it is aware of the interpretation. Three federal judges have bought that claim, relying on it to rule the program is legal.
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Patriot Act’s Absurd New Spawn: Just When You Thought it Couldn’t Get Any Worse (Original Post)
xchrom
Sep 2014
OP
another_liberal
(8,821 posts)1. "I love Big Brother! I love Big Brother!"
All that is left to make George Orwell's nightmare a total reality for Twenty-first Century Americans is the formation of the "Thought Police." Keep your personal thoughts clean, good, and supportive of the NSA, or you may be one of those caught in the first telepathic dragnet for "Thought Criminals."
Octafish
(55,745 posts)2. USA PATRIOT Act makes it illegal to be an American Patriot.
We the People are now the Enemy.