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ProSense

(116,464 posts)
22. I guess
Sun Jun 30, 2013, 10:06 AM
Jun 2013

"The massive, suspicionless spying is UNPRECEDENTED, and is why many folks object to it."

...screaming that the bogus claim ("suspicionless spying&quot is "UNPRECEDENTED" makes the claim less bogus?

Remember whistleblower Thomas Tamm?
http://www.democraticunderground.com/10023032225

The program was in fact a wide range of covert surveillance activities authorized by President Bush in the aftermath of 9/11. At that time, White House officials, led by Vice President Dick Cheney, had become convinced that FISA court procedures were too cumbersome and time-consuming to permit U.S. intelligence and law-enforcement agencies to quickly identify possible Qaeda terrorists inside the country. (Cheney's chief counsel, David Addington, referred to the FISA court in one meeting as that "obnoxious court," according to former assistant attorney general Jack Goldsmith.) Under a series of secret orders, Bush authorized the NSA for the first time to eavesdrop on phone calls and e-mails between the United States and a foreign country without any court review. The code name for the NSA collection activities—unknown to all but a tiny number of officials at the White House and in the U.S. intelligence community—was "Stellar Wind."

http://web.archive.org/web/20081216011008/http://www.newsweek.com/id/174601/output/print

http://www.democraticunderground.com/10023032225

Greenwald is accusing President Obama of making "false" claims, but hasn't backed up his claims
http://www.democraticunderground.com/10023041862

Secret to Prism program: Even bigger data seizure
http://bigstory.ap.org/article/secret-prism-success-even-bigger-data-seizure

The entire article is framed to create the impression that warrantless wiretapping is legal, and that Obama approves of it.

The article mentions the Protect America Act, quotes Obama opposing it, and then creates the impression he embraced it when he became President.

From the article:

The Bush administration shut down its warrantless wiretapping program in 2007 but endorsed a new law, the Protect America Act, which allowed the wiretapping to continue with changes: The NSA generally would have to explain its techniques and targets to a secret court in Washington, but individual warrants would not be required.

Congress approved it, with Sen. Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.

"This administration also puts forward a false choice between the liberties we cherish and the security we provide," Obama said in a speech two days before that vote. "I will provide our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our Constitution and our freedom."

<...>

Years after decrying Bush for it, Obama said Americans did have to make tough choices in the name of safety.

There have been a number of media reports using the same Obama quote to basically claim that he once called out Bush, but then embraced the policy. They are intentionally conflating a quote about the PAA with his position on the 2008 FISA amendments, which he voted for. They are not the same thing. The PAA was a Republican effort to absolve Bush.

While the article mentions that Obama voted against the Protect America Act (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00309), there is no mention of the fact that the Act expired in early 2008.

Senator Mitch McConnell introduced the act on August 1, 2007, during the 110th United States Congress. On August 3, it was passed in the Senate with an amendment, 60–28 (record vote number 309).[12] On August 4, it passed the House of Representatives 227-183 (roll number 836).[12] On August 5, it was signed by President Bush, becoming Public Law No. 110-055. On February 17, 2008, it expired due to sunset provision.

http://en.wikipedia.org/wiki/Protect_America_Act_of_2007#Legislative_history


The amendments to FISA made by the Act expire 180 days after enactment, except that any order in effect on the date of enactment remains in effect until the date of expiration of such order and such orders can be reauthorized by the FISA Court.”[38] The Act expired on February 17, 2008.

http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act#Protect_America_Act_of_2007


Here's Bush's statement at the time: http://georgewbush-whitehouse.archives.gov/news/releases/2008/02/20080214-4.html

It's illegal to collect this information on Americans.

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








Recommendations

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

Now he's Paul Revere? I thought he was John Brown? Buzz Clik Jun 2013 #1
I think it is an interesting analogy usGovOwesUs3Trillion Jun 2013 #14
No, he's Gandhi, MLK, Albert Sweitzer, Daniel Elsburg, & Karen Silkwood, all rolled into one. baldguy Jun 2013 #30
We should cut taxes, shrink our evil government, and then ... JoePhilly Jun 2013 #2
You sound just like a tea bagger usGovOwesUs3Trillion Jun 2013 #3
Perhaps, however ... JoePhilly Jun 2013 #6
what the fuck do you mean "not sure about you"? DO you EVER hear TB talking about improving gov usGovOwesUs3Trillion Jun 2013 #21
How about this ... JoePhilly Jun 2013 #27
Just Stop Your Baseless Insults and Accusations. usGovOwesUs3Trillion Jun 2013 #48
Oh. My. God. jazzimov Jun 2013 #116
u2 usGovOwesUs3Trillion Jun 2013 #119
Nice try leftstreet Jun 2013 #5
Can you imagine what the evil government will do when ... JoePhilly Jun 2013 #9
They're already killing us off just through costs n/t leftstreet Jun 2013 #10
So we don't support Single Payer anymore? JoePhilly Jun 2013 #12
LOL I haven't seen anyone but you make that comparison n/t leftstreet Jun 2013 #15
One can not logically argue that (a) we now live under a totalitarian government and (b) JoePhilly Jun 2013 #17
Yes, look what Medicare and SS have done to seniors! leftstreet Jun 2013 #18
So you agree with me, we do not live under a totalitarian government. JoePhilly Jun 2013 #20
When did you stop supporting SS & Medicare? n/t leftstreet Jun 2013 #24
Never. I support both. And Single Payer. JoePhilly Jun 2013 #33
That's good to know n/t leftstreet Jun 2013 #35
Well, we want DOCTORS to manage our health care and the government to kestrel91316 Jun 2013 #59
Why trust them in the one case, and not the other? JoePhilly Jun 2013 #77
Are you serious? One is a foreign spy agency looking for evil-doers, the other is concerned about usGovOwesUs3Trillion Jun 2013 #100
you dont seem to understand EMR, ARRA, and "meaningful use". suggest you google more. nt galileoreloaded Jun 2013 #38
this is a progressive board and we don't believe in that sort of thing here anymore than we believe Douglas Carpenter Jun 2013 #8
Looking forward to the day where our totalitarian government, also has direct access to our medical JoePhilly Jun 2013 #11
oh bullshit. if you think there is a moral equivalency between having a single payer universal Douglas Carpenter Jun 2013 #16
The same government would be controlling both ... no? JoePhilly Jun 2013 #19
oh for crying out loud. Medical files used for medical reassons are not the same a a national Douglas Carpenter Jun 2013 #26
Why would we trust them to use our medical files only for medical purposes? JoePhilly Jun 2013 #31
I don't agree with the rightwing view that socialized medicine leads to totalitarianism Douglas Carpenter Jun 2013 #42
Think some more ... JoePhilly Jun 2013 #45
massive surveillance states do frequently lead to totalitarianism - socialized healthcare never has Douglas Carpenter Jun 2013 #47
Though it does clearly illustrate the absurdity of their claims usGovOwesUs3Trillion Jun 2013 #112
You're making the Ronald Reagan argument. And JoePhilly is the one pointing out how ludicrous it is. baldguy Jun 2013 #44
show me one poll that says most people consider Snowden a traitor? Douglas Carpenter Jun 2013 #49
U & JoePhilly are making the ludicrous claim that our data is safe & confidential with a SPY agency usGovOwesUs3Trillion Jun 2013 #68
If it's not safe with a SPY AGENCY - whose entire existence rests upon keeping secrets baldguy Jun 2013 #71
Yeah, they are doing a swell job of that usGovOwesUs3Trillion Jun 2013 #73
So you're going to blindly accept Snowden's word that the NSA shouldn't be trusted baldguy Jun 2013 #96
it's not just his word, it's his TOP SECRET documents... usGovOwesUs3Trillion Jun 2013 #97
Does seem strange that the same evil government, which you do not trust treestar Jun 2013 #29
And we'd trust this same evil government with a gun registry. JoePhilly Jun 2013 #32
Another good point. treestar Jun 2013 #50
then you just don't understand how free people in democratic societies think. We believe that Douglas Carpenter Jun 2013 #40
You are skipping the part where the government would know treestar Jun 2013 #54
I don't actually believe you believe what you are saying. But we can look around Douglas Carpenter Jun 2013 #58
Nonresponsive treestar Jun 2013 #79
I did respond but you just don't understand that those of us who believe in modern liberal Douglas Carpenter Jun 2013 #84
There's no massive surveillance state for one thing treestar Jun 2013 #86
I would just suggest you look into the matter a little bit - there are several sources Douglas Carpenter Jun 2013 #87
It's not the same government Ash_F Jun 2013 #127
Right marions ghost Jun 2013 #137
Are you implying that they do not have access already? Downwinder Jun 2013 #39
Jesus ,Snowden is Paul Revere now? Narkos Jun 2013 #4
Apparently, the OP is anticipating a 2nd revolutionary war. JoePhilly Jun 2013 #13
OP does not like the system the Founders created treestar Jun 2013 #82
I'm afraid you should've ended your fine post before the comparison. Demit Jun 2013 #7
Thank you for your wise advice usGovOwesUs3Trillion Jun 2013 #25
I guess ProSense Jun 2013 #22
the TOP SECRET documents released don't agree with your post, and usGovOwesUs3Trillion Jun 2013 #34
Actually, they do. Have you even read them? jazzimov Jun 2013 #121
again, this is OFF TOPIC usGovOwesUs3Trillion Jun 2013 #123
What is this 'read' you speak of? randome Jun 2013 #124
ProSense: "Spying on Americans was, is and will still be illegal." woo me with science Jun 2013 #56
Can't quit ProSense Jun 2013 #60
This message was self-deleted by its author ProSense Jun 2013 #61
Meh treestar Jun 2013 #23
So, you think everyone would do it, if they could, therefore we should do it, because we can? usGovOwesUs3Trillion Jun 2013 #46
Have we violated any of those laws? treestar Jun 2013 #80
Yes, privacy, and free speech. Now can you answer my questions? usGovOwesUs3Trillion Jun 2013 #91
I too would prefer that my money be spent elsewhere otherone Jun 2013 #28
see otherone Jun 2013 #43
Apparently totalitarianism is fine, as long as it comes in under a Dem president. n/t Waiting For Everyman Jun 2013 #36
signs of a declining empire nashville_brook Jun 2013 #37
What money did Obama move from infrastructure to "supressing people"? tridim Jun 2013 #55
Do you think this massive spying program is operated for free? usGovOwesUs3Trillion Jun 2013 #64
I asked a specific question of the person who made the assertion. tridim Jun 2013 #67
So... this is an OPEN discussion. But YOU continue to duck the questions in the OP... usGovOwesUs3Trillion Jun 2013 #69
Post removed Post removed Jun 2013 #72
Oh, now you are throwing around personal insults usGovOwesUs3Trillion Jun 2013 #74
h/t to the jury usGovOwesUs3Trillion Jun 2013 #99
Bogus hide. Bobbie Jo Jun 2013 #101
personal insults are not good for free discussion usGovOwesUs3Trillion Jun 2013 #102
Good to know you're familiar Bobbie Jo Jun 2013 #104
Yep, well versed usGovOwesUs3Trillion Jun 2013 #105
We shall see. Bobbie Jo Jun 2013 #106
oh, now i am beginning to wonder if you are? usGovOwesUs3Trillion Jun 2013 #107
I think your OP is a massive Bobbie Jo Jun 2013 #110
finally usGovOwesUs3Trillion Jun 2013 #113
Please Bobbie Jo Jun 2013 #118
zzzZZZzzz usGovOwesUs3Trillion Jun 2013 #120
Outstanding. Bobbie Jo Jun 2013 #122
While the spying may be unprecedented, I do not believe that is why people HardTimes99 Jun 2013 #41
What we see is no less than encroaching fascism. woo me with science Jun 2013 #53
You can take the Paul Revere off the OP, but you can't Progressive dog Jun 2013 #51
That has nothing to do with the questions I raised usGovOwesUs3Trillion Jun 2013 #62
You posted it, reposted it, but it has nothing to do Progressive dog Jun 2013 #63
I posted it just for you usGovOwesUs3Trillion Jun 2013 #65
Try reply #22 from ProSense to respond to some of the questions but Progressive dog Jun 2013 #70
Her post was off topic, and I responded (LINK) but nothing i said is "RW" that is a complete miss usGovOwesUs3Trillion Jun 2013 #89
It isn't unprecedented except as our technology is unprecedented Progressive dog Jun 2013 #92
It either is, or it isn't. I think most would agree that it IS unprecedented. usGovOwesUs3Trillion Jun 2013 #93
^^^^^ marions ghost Jun 2013 #138
I agreed that it was unprecedented Progressive dog Jul 2013 #141
Spying on ALL communication IS unprecedented. usGovOwesUs3Trillion Jul 2013 #142
No one is spying on all communications Progressive dog Jul 2013 #143
Directly tapping into the fiber optic trunk lines among other devices usGovOwesUs3Trillion Jul 2013 #145
What part of impossible didn't you get? Progressive dog Jul 2013 #147
I like your poster and I 100% agree with the sentiments Douglas Carpenter Jun 2013 #66
What's so wrong with comparing Snowden to Revere? reformist2 Jun 2013 #75
That can't be a real questioin, can it? Progressive dog Jun 2013 #76
Paul Revere warned his fellow citizens of an imminent threat to their liberty. So did Snowden. reformist2 Jun 2013 #78
You really don't know any American history Progressive dog Jun 2013 #83
Considering the parallels I think MANY find that it resonates usGovOwesUs3Trillion Jun 2013 #85
See Details On PRISM Tasking And Sources Here cantbeserious Jun 2013 #52
Our spying is ever so helpful to foreign relations. Tierra_y_Libertad Jun 2013 #57
The Path to Domination fredamae Jun 2013 #81
Unprecedented? On the Road Jun 2013 #88
exactly, this massive, GLOBAL, suspicionless spying of ALL digital and phone communications IS UN usGovOwesUs3Trillion Jun 2013 #90
We have never before had the capability to record every phone call. reusrename Jun 2013 #94
++1000 sikofit3 Jul 2013 #140
+ HiPointDem Jun 2013 #95
kick Liberal_in_LA Jun 2013 #98
Good thread Harmony Blue Jun 2013 #103
It's so incredibly unprecedented that we don't even have evidence that it's happening! randome Jun 2013 #108
You keep using that word... 'evidence' usGovOwesUs3Trillion Jun 2013 #109
The most recent documents we have are slides that show how PRISM works. randome Jun 2013 #114
Which is what this thread is ALL about usGovOwesUs3Trillion Jun 2013 #117
You make all sorts of assumptions in your OP. randome Jun 2013 #125
Nope, just going by what is on the docs, and what other NSA employees have testified about. usGovOwesUs3Trillion Jun 2013 #126
'Terrorism' is a term bandied about off-handedly. randome Jun 2013 #130
It's definition has certainly broadened as has the term WMD, and is another BIG RED FLAG usGovOwesUs3Trillion Jun 2013 #131
Always. randome Jun 2013 #136
Actually, NO! The main reason people are against it are because jazzimov Jun 2013 #111
Excuse me? usGovOwesUs3Trillion Jun 2013 #115
"Suspicionless spying?" Where is that proven? CakeGrrl Jun 2013 #128
the TOP SECRET documents he released to the press (LINK) usGovOwesUs3Trillion Jun 2013 #129
So, they have to meet conditions to collect on FOREIGN targets, and CakeGrrl Jun 2013 #132
Didn't look like that to the documents and testimony I have read usGovOwesUs3Trillion Jun 2013 #133
What has the "whole rest of the world" been saying? Do tell us! CakeGrrl Jul 2013 #146
K&R forestpath Jun 2013 #134
Alan Grayson video on NSA surveillance Zorra Jun 2013 #135
Excellent video! usGovOwesUs3Trillion Jul 2013 #139
Thanks, Zorra! KoKo Jul 2013 #144
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