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DevonRex

(22,541 posts)
57. Now the definitions in FISA...
Wed Jun 19, 2013, 11:22 PM
Jun 2013
http://www.law.cornell.edu/uscode/text/50/1801
50 USC § 1801 - Definitions
SNIP
(b) “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4) of this section;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such person’s presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) engages in international terrorism or activities in preparation therefore;
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor for or on behalf of a foreign power; or
(2) any person who—
(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;
(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;
(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;
(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or
(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).
(c) “International terrorism” means activities that—
(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;
(2) appear to be intended—
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion; or
(C) to affect the conduct of a government by assassination or kidnapping; and
(3) 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.
(d) “Sabotage” means activities that involve a violation of chapter 105 of title 18, or that would involve such a violation if committed against the United States.
(e) “Foreign intelligence information” means—
(1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against—
(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
(2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to—
(A) the national defense or the security of the United States; or
(B) the conduct of the foreign affairs of the United States.
(f) “Electronic surveillance” means—
(1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;
(2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511 (2)(i) of title 18;
(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or
(4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.
(g) “Attorney General” means the Attorney General of the United States (or Acting Attorney General), the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.
(h) “Minimization procedures”, with respect to electronic surveillance, means—
(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1) of this section, shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802 (a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
(i) “United States person” means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101 (a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3) of this section.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Where? WovenGems Jun 2013 #1
not sure you are supposed to see them..thats the point. nt galileoreloaded Jun 2013 #4
Blue skies WovenGems Jun 2013 #11
oh for the love of reason. cali Jun 2013 #15
What's WovenGems Jun 2013 #16
I can't speak for others here, but I'm glad to speak for myself cali Jun 2013 #21
critical thinking would mean that one not wet their undergarments about remote control geek tragedy Jun 2013 #18
who's doing that? I'm certainly not. cali Jun 2013 #22
Who said they were used for "domestic spying?" nt geek tragedy Jun 2013 #24
what else would the FBI use them for? Do tell. cali Jun 2013 #27
Do you consider traffic and police helicopters "spying?" geek tragedy Jun 2013 #30
good catch! treestar Jun 2013 #59
Well, remember they 'spied' on Occupy Wall Street by geek tragedy Jun 2013 #60
People who are bringing up the fact that water is wet, government surveys and bears... uponit7771 Jun 2013 #31
Is that better or worse than other forms of surveillance? Buzz Clik Jun 2013 #2
FISC. Melinda Jun 2013 #5
Zero concern about Google Earth and other photographic surveillance... tridim Jun 2013 #20
I fucking hate google earth. cali Jun 2013 #25
You hate Google Earth? Why? Buzz Clik Jun 2013 #29
I have to say, I am somewhat disturbed by the whole Google Earth thing curlyred Jun 2013 #52
The Googlemobile snapped me four times mowing my lawn. My lawn!!! For the love of God! Buzz Clik Jun 2013 #28
Whereas police helicopters are AOK. nt geek tragedy Jun 2013 #3
And RC planes jberryhill Jun 2013 #6
RC planes are drones, no? nt geek tragedy Jun 2013 #10
I'm screwed, I have RC planes with cameras on them. tridim Jun 2013 #35
I believe in open laws and the Bill of Rights, not in casting nets. YMMV, however. Melinda Jun 2013 #7
How are drones offend the Constitution in a way that helicopters don't? nt geek tragedy Jun 2013 #8
Yep, helicopters or even a panel truck parked on the curb. JaneQPublic Jun 2013 #36
Also, surveillance of public areas isn't exactly spying nt geek tragedy Jun 2013 #37
Indeed. (nt) JaneQPublic Jun 2013 #42
At least they aren't killing Americans with drones. The Link Jun 2013 #9
Oh, wait. Melinda Jun 2013 #23
Well not in the USA yet, to the best of our knowledge. avaistheone1 Jun 2013 #64
Looks like drone industry needs to increase campaign $ to DiFi. HooptieWagon Jun 2013 #12
lol, my exact thought after reading the article. Melinda Jun 2013 #26
FBI director says 22 people have access to surveillance database uncovered by Snowden Catherina Jun 2013 #13
You know what I'm a bit confused on? Melinda Jun 2013 #32
They converged after 9-11. The Bush people's main complaint was that they were to separate Catherina Jun 2013 #33
And yes, we need to vote Congress out and vote some decent people in Catherina Jun 2013 #34
Sigh. The FBI investigates acts of terrorism inside the U.S. Like the Boston bombing. DevonRex Jun 2013 #44
My question was rhetorical; I can be sarcastic at times. Melinda Jun 2013 #47
"The FBI couldn't get a FISA warrant on him though because he was a Green Card Holder" Citation? Melinda Jun 2013 #48
They can, but first have to prove membership in foreign terrorist organization or planning DevonRex Jun 2013 #49
Thanks. I'm a patient woman. Now that I know you'll supply it, I can wait at your leisure. Melinda Jun 2013 #51
LOL, I just posted it. DevonRex Jun 2013 #54
Finally. From my favorite law site, Cornell. A Wex article. DevonRex Jun 2013 #53
And waded through 50 USC... The pertinent parts DevonRex Jun 2013 #56
Now the definitions in FISA... DevonRex Jun 2013 #57
Thank you Devon treestar Jun 2013 #61
I have been trying to point it out. I just don't start OPs. DevonRex Jun 2013 #63
When did DU officially become Alex Jones' conspiracy hour? tridim Jun 2013 #14
It's been that way on and off again since 2001. geek tragedy Jun 2013 #17
This is my favorite Floyd_Gondolli Jun 2013 #38
Well, webcams are hijacked by hackers all the time. geek tragedy Jun 2013 #39
We are doomed, I tell ya! treestar Jun 2013 #62
I remember the Police Chief of Boston mentioned the possible use of drones for surveillance BenzoDia Jun 2013 #19
But, they're good drones, Melinda. Octafish Jun 2013 #40
Maybe not friendly but certainly useful... JaneQPublic Jun 2013 #46
Well then, that changes everything, doesn't it? Can I expect my pony soon? Melinda Jun 2013 #50
My Little Droney Octafish Jun 2013 #55
How would you like to be informed about this? randome Jun 2013 #41
uninformed citizens can't consent, and we are not a democracy for that reason. HiPointDem Jun 2013 #43
kr HiPointDem Jun 2013 #45
What are they looking for? treestar Jun 2013 #58
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