General Discussion
In reply to the discussion: Many Of You May Be Interested In What THIS Guy Has To Say, Re: FISA/NSA/Snowden... [View all]Peacetrain
(24,288 posts)That has been bother the ever loving stuffing out of me for the last two days
... I looked up the voting record on it tonight.. and who voted for it and who did not..
EDIT TO ADD:
But it has a continuance directive according to Wikipedia, so this is still a bothersome thing to me.. Now Wikipedia can be manipulated I understand that.. and I do not have a great grasp of legalese..
FISA Amendments of 2008: Continuance of Protect America Act authorizations and directives under
Whereas it is generally understood that the FISA Amendments of 2008 repealed the Protect America Act, this is not the case for existing directives and authorizations
(1) IN GENERAL- Except as provided in section 404, effective December 31, 2012, title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), is repealed.
Continuance of Protect America Act 2007 Rules for Existing Orders
Section 404 (Transition Procedures) allows for continuance of Protect America Act Sections 105A, 105B and 105C for all existing orders. So for authorizations for intelligence information and directives issued under such authorizations, Protect America Act application continues to apply.
Section 404(a)2(A)subject to paragraph (3), section 105A of such Act, as added by section 2 of the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 552), shall continue to apply to any acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1); and
Section 404(a)2(B)sections 105B and 105C of the Foreign Intelligence Surveillance Act of 1978, as added by sections 2 and 3, respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, or directive referred to in paragraph (1) until the later of--
(i) the expiration of such order, authorization, or directive; or
(ii) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.
Section 404 (Continuance Procedures) allows for continued authorizations and directives to be renewed under same circumstances indefinitely; It also allowed for continuance of Immunities for persons and corporations (including but not limited to telecoms) under FISA 2008 Amendments.
Section 404(a)7(B) CONTINUATION OF EXISTING ORDERS- If the Attorney General and the Director of National Intelligence seek to replace an authorization made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 522), by filing a certification in accordance with subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a) of such section 105B, until the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an order with respect to that certification under section 702(i)(3) of such Act (as so added) at which time the provisions of that section and of section 702(i)(4) of such Act (as so added) shall apply.