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Author Topic:   The New Evil Empire
goatgirl
unregistered
posted December 12, 2005 08:03 PM           Edit/Delete Message   Reply w/Quote
I don't know if anyone else here has seen this movie, if you haven't see if you can track it down, it's fitting for the times we live in... http://en.wikipedia.org/wiki/Brazil_(movie

Set "somewhere in the 20th century", the retro-futuristic world of Brazil is a gritty urban hellhole patched over with cosmetic surgery and "designer ducts for your discriminating taste".

The world of Brazil appears to be almost post-apocalyptic in nature. This is not due so much to the given enemies of the state (terrorists) but to a bureaucratic implosion. Brazil has become so hopelessly overcomplicated that entropy has taken over and the world appears to be on the perpetual verge of complete mechanical failure from all fronts. Layered over this is the increasingly insane amount of paperwork required to get anything done.

The story begins with Sam Lowry (Pryce), a low-level bureaucrat whose primary interests in life are his vivid dream fantasies to the tune of a 1940s big-band hit "Brazil", inadvertently getting involved with terrorist intrigue when his dream woman (Greist) turns up as the neighbor of a man ("Buttle") arrested as a terrorist instead of another man ("Tuttle") on account of a typographical error (and literal computer bug). Other people in Sam's life include the real Harry Tuttle (De Niro), the terrorist who is actually a renegade heating technician and the intended target of Buttle's arrest order; Jack (Palin), a family man and childhood friend of Sam's whose actual occupation is a government torturer; and Sam's mother (Helmond). It also features his nervous boss, played by Holm, and a friend of his mother who undergoes a series of increasingly disturbing cosmetic surgeries.

A mysterious wave of terrorist bombings is met by an increasingly powerful Ministry of Information (MOI), whose jackbooted thugs never admit to arresting and torturing the wrong man. Sam's simultaneous pursuit of the truth and the woman he fantasizes about draws him into the higher echelons of the Ministry, despite Jack's repeated efforts to warn him that his quest will inevitably bring Sam into more danger than he can cope with.

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goatgirl
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posted December 12, 2005 08:05 PM           Edit/Delete Message   Reply w/Quote
Another thing is that some of these things have been done for over 25 years ever since the "war on drugs" was implemented. Now only instead of a portion of the population being targeted eventually it could be a majority of the population.

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ozonefiller
Newflake

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posted December 12, 2005 08:26 PM     Click Here to See the Profile for ozonefiller     Edit/Delete Message   Reply w/Quote
I think that I've seen this film a long time ago, but I hardly remember it. I guess that at the time I didn't realize just as of yet that something that is similar to this movie could reflect onto something of this time and to the time that is to come!

If nobody has ever seen it, I think that the movie Bladerunner with Harrison Ford and Rutger Hauer http://en.wikipedia.org/wiki/Bladerunner has alot of the same subjects that we see today as something that is more or less coming to being as well! If you take even notice in that movie, you'll see that great mutitudes of people are either running to or from something. The truth of the matter is that they are aboarding ships to go to the "Off-worlds" to escape from the political oppressions that has taken over the US(and other countries) of that time!

Something that we are seeing the beginings of today too, I believe!

I do see a major war in this country coming either sooner or later though! Either from other countries or this country's own people! Either way!

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goatgirl
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posted December 12, 2005 08:35 PM           Edit/Delete Message   Reply w/Quote
As I have been saying for the last year, there is some major discontent brewing in this country.

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After silence, that which comes nearest to expressing the inexpressible is music." - Aldous Huxley

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ozonefiller
Newflake

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posted December 12, 2005 08:52 PM     Click Here to See the Profile for ozonefiller     Edit/Delete Message   Reply w/Quote
"Brewing" would be the correct word for it, for I think that alot of us can really smell it in the air Goatgirl!

But if their will one day be another World War to come, what in God's name would those that think that they themselves can achieve to bring about such a devastating crisis into the world once more? Where do they think that they and they're families will escape to once all hELL breaks loose?!

Why do they hate so much to bring about such that might destroy all that live on this planet?! And for all that survive another post-World War do they think that this world will be a place that can simply be inhabited, after there is nothing left in it?!

Or is it that they just don't think about those things or do they really care?!

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goatgirl
unregistered
posted December 12, 2005 09:08 PM           Edit/Delete Message   Reply w/Quote
I hear you, I hear you. It's like these corporations that pollute and pillage and burn all for the sake of the next fiscal quarter.

YOu can't eat, drink or breathe the next fiscal quarter.

They think the rules of nature don't apply to humans cause they don't remember that humans are animals too.

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After silence, that which comes nearest to expressing the inexpressible is music." - Aldous Huxley

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ozonefiller
Newflake

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posted December 12, 2005 09:34 PM     Click Here to See the Profile for ozonefiller     Edit/Delete Message   Reply w/Quote
Believe me, I know that it is all about money, power and prestige for what is going on in this country today, but the question is Goatgirl:

"For what shall it profit a man, if he shall gain the whole world, and lose his own soul?" -Mark 8:36

What is going on in Iraq has nothing to do with terrorism or anything to do what is going on for the average American today or anybody else at that matter, this is all about the rich and those that believe blindly that we will achieve anything from anything of this!

These laws that the administration and those that follow the administration want to put in place is nothing more then a mere device that is trying to oppress those that wish to live free, these are the rules that we will one day succumb to while those that have made up these rules, will live by separate rules that they will provide for themselves in the long run and they think that they can get away with it? Those rules will be for them to do as they please, how they please, when they please?!

I guess that the day will come that it will be up to the people like us to try to stop those that have to take possession of the poor souls of this world, for the sake of losing they're own!

It will either be "fight or flight"!

What choice do we really have?

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Eleanore
Moderator

Posts: 112
From: Okinawa, Japan
Registered: Apr 2009

posted December 12, 2005 09:37 PM     Click Here to See the Profile for Eleanore     Edit/Delete Message   Reply w/Quote
Overview
The USA PATRIOT Act introduced sweeping changes to U.S. law, including amendments to:

Wiretap Statute (Title III):
Electronic Communications Privacy Act
Computer Fraud and Abuse Act
Foreign Intelligence Surveillance Act
Family Education Rights and Privacy Act
Pen Register and Trap and Trace Statute
Money Laundering Act
Immigration and Nationality Act
Money Laundering Control Act
Bank Secrecy Act
Right to Financial Privacy Act
Fair Credit Reporting Act
Russ Feingold, the only Senator to oppose the Act, was particularly concerned with the effects the Act might have on the civil liberties of immigrants. Feingold expressed his concern and certainty that the enhanced authority to profile and engage in electronic surveillance would be disproportionately wielded:

Now here is where my caution in the aftermath of the terrorist attacks and my concerns over the reach of the anti-terrorism bill come together. To the extent that the expansive new immigration powers that the bill grants to the Attorney General are subject to abuse, who do we think that is most likely to bear the brunt of the abuse? It won't be immigrants from Ireland. It won't be immigrants from El Salvador or Nicaragua. It won't even be immigrants from Haiti or Africa. It will be immigrants from Arab, Muslim and South Asian countries. In the wake of these terrible events out government has been given vast new powers and they may fall most heavily on a minority of our population who already feel particularly acutely the pain of this disaster.
- Senator Russ Feingold, Statement on the Anti-Terrorism Bill (Oct. 25, 2002)
The implications for online privacy are considerable. For example, the Act increases the ability of law enforcement agencies to authorize installation of pen registers and trap and trace devices (a pen register collects the outgoing phone numbers placed from a specific telephone line; a trap and trace device captures the incoming numbers placed to a specific phone line -- a caller-id box is a trap and trace device), and to authorize the installation of such devices to record all computer routing, addressing, and signaling information. The Act also extends the government's ability to gain access to personal financial information and student information without any suspicion of wrongdoing, simply by certifying that the information likely to be obtained is relevant to an ongoing criminal investigation.

Surveillance and Privacy Laws Affected
The USA PATRIOT Act significantly expanded law enforcement authority to surveill and capture communications. There are three major laws that create the framework for the government interception of communications:

Title III: Requires probable cause, a high legal standard to meet, from a judge for real-time interception of the content of voice and data communications. See EPIC's Wiretapping Page.
Electronic Communications Privacy Act (ECPA): Governs government access to stored email and other electronic communications. Within ECPA, the Pen Register statute governs real time interception of "numbers dialed or otherwise transmitted on the telephone line to which such device is attached." Although the use of such devices requires a court order, it does not require probable cause: there is no judicial discretion, and the court must authorize the surveillance upon government certification. A government attorney need only certify to the court that the "information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation." Therefore, the Pen Register and Trap and Trace statute lacks many of the privacy protections found in the wiretap statute.
Foreign Intelligence Surveillance Act (FISA): Authorizes the government to carry out electronic surveillance -- against any person, even Americans -- in the United States upon obtaining a judicial order based upon probable cause that the target is a foreign power or an agent of a foreign power. FISA, which applies primarily to the government's power in foreign intelligence and counter-intelligence cases, therefore does not offer many of the protections required under the federal wiretap statute. See EPIC's FISA Page.

Title III governs the "contents" of communications, defined as "any information concerning the substance, purport, or meaning of that communication." The Supreme Court has held that the contents of a communication are entitled to full Fourth Amendment protection. Therefore, the government's access to "content" information is limited by constitutionally imposed search and seizure requirements. In order to abide by these constitutional restrictions, Title III imposes strict limitations upon the government's ability to obtain communication content:

a law enforcement agency may intercept content only pursuant to a court order issued upon findings of probable cause to believe that
an individual is committing one of a list of specifically enumerated crimes,
communications concerning the specified offense will be intercepted, and
"the pertinent facilities are commonly used by the alleged offender or are being used in connection with the offense."
Only designated officials can authorize such interception,
The interception is authorized for a limited time period.
Interception is subject to a statutory exclusionary rule: any information intercepted in violation of the wiretap statute cannot be admitted into evidence in any judicial or administrative proceeding.
Conversely, the Supreme Court has held that there is no constitutionally recognized privacy interest in the telephone numbers intercepted by a pen register or trap and trace device. In U.S. v. New York Telephone Co., 434 U.S. 159 (1977), the Supreme Court emphasized the limited information captured by pen register devices: "neither the purport of any communication between the caller and the recipient of the call, their identities, nor whether the call was even completed is disclosed by pen registers." This is reflected in the ease with which law enforcement officers are able to obtain trap and trace/pen register installation: upon the certification by an attorney that pen register information is likely to be relevant, the judge must approve the installation of the device.

Analysis of Specific USA PATRIOT Act Provisions
Pen Registers, the Internet and Carnivore
Prior to the passage of the USA PATRIOT Act, the statute authorizing the use of "pen register" and "trap and trace" devices governed real time interception of "numbers dialed or otherwise transmitted on the telephone line to which such device is attached." Although the use of such devices requires a court order, it does not require a showing of probable cause. There is, in effect, no judicial discretion, as the court is required to authorize monitoring upon the mere certification by a government attorney that the "information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation." Therefore, such procedures lack almost all of the significant privacy protections found in Title III, the statute governing the interception of the actual "content" of a communication (e.g., a phone conversation or the text of an e-mail message).

Section 216 of the Act significantly expanded law enforcement authority to use trap and trace and pen register devices. Prior law relating to the use of such devices was written to apply to the telephone industry, therefore the language of the statute referred only to the collection of "numbers dialed" on a "telephone line" and the "originating number" of a telephone call. The new legislation redefined a pen register as "a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted." A trap and trace device is now "a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source or a wire or electronic communication."

By expanding the nature of the information that can be captured, the new law clearly expanded pen register capacities to the Internet, covering electronic mail, Web surfing, and all other forms of electronic communications. The full impact of this expansion of coverage is difficult to assess, as the statutory definitions are vague with respect to the types of information that can be captured and are subject to broad interpretations. The fact that the provision prohibits the capture of "content" does not adequately take into account the unique nature of information captured electronically, which contains data far more revealing than phone numbers, such as URLs generated while using the Web (which often contain a great deal of information that cannot in any way be analogized to a telephone number). Although the FBI, prior to the enactment of the USA PATRIOT Act, compared telephone calls to Internet communications to justify invocation of the existing pen register statute to authorize the use of its controversial Carnivore system, whether the law as then written in fact granted such authority remained an open and debatable question. The amendment made by Section 216 codified the FBI's questionable interpretation of the pen register statute, thereby closing the door to fully informed and deliberate consideration of this complex issue.

When the FBI's use of Carnivore was first revealed in July 2000, there was a great deal of concern expressed by members of Congress, who stated their intent to examine the issues and draft appropriate legislation. To facilitate that process, former Attorney General Reno announced that issues surrounding Carnivore would be considered by a Justice Department review panel and that its recommendations would be made public. That promised report had not been released when Ms. Reno left office, and Attorney General Ashcroft announced that a high-level Department official would complete the review process. That review, however, was not completed prior to September 11, 2001. As a result of the delay, Congress did not have the benefit of the promised findings and recommendations when it enacted the USA PATRIOT Act. Because Carnivore provides the FBI with access to the communications of all subscribers of a monitored Internet Service Provider (and not just those of the court-designated target), it raises substantial privacy issues for millions of law-abiding American citizens.

The USA PATRIOT does contain a provision requiring law enforcement to file under seal with the court a record of installations of pen register/trap and trace devices. This amendment may provide some measure of judicial oversight of the use of this enhanced surveillance authority.

Addition of Terrorism and Computer Crimes as Predicate Offenses Permitting Interception of Communications Under the Wiretap Act
Section 201 added crimes of terrorism or production/dissemination of chemical weapons as predicate offenses under Title III, suspicion of which enable the government to obtain a wiretap of a party's communications. Because the government already had substantial authority under FISA to obtain a wiretap of a suspected terrorist, the real effect of this amendment is to permit wiretapping of a United States person suspected of domestic terrorism.

Section 202 added "a felony violation of section 1030 (relating to computer fraud and abuse)" as a crime providing the predicate for a Title III wiretap application. Felony offenses under Section 1030 are: intentional, unauthorized access to a protected government computer to obtain and communicate classified information for clandestine foreign "with reason to believe that such information so obtained could be used to the injury of the United States or to the advantage of any foreign nation"; access to a protected computer causing more than $5000 damage; access to a protected computer with the intent to extort; or any second offense.

Neither Section 201 nor Section 202 changes the definition of communications subject to intercept, or the standard that the government must reach in order to obtain an intercept.

Expanded Dissemination of Information Obtained in Criminal Investigations
Section 203 amended the Federal Rules of Criminal Procedure to permit disclosures of "matters occurring before the grand jury" when the matters "involve foreign intelligence or counterintelligence" to "any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties." Rule 6(e)(3)(c) governs the permissive disclosure and use of information revealed in a grand jury proceeding, which prior to the enactment of the USA PATRIOT Act could be disclosed only when directed by a court in connection with a judicial proceeding; when permitted by a court upon the request of the defendant or upon a showing that the information discloses a violation of a state criminal law; or when disclosed by the prosecutor to another grand jury. The new law requires that a disclosure made under the new exception be revealed, under seal, to the court. The term "foreign intelligence information" is defined as information that "relates to the ability of the United States to protect against" an actual or potential attack, hostile act, sabotage, international terrorism, or clandestine intelligence activities conducted by a foreign power or its agent, as well as information relating to the national defense, security, or conduct of foreign affairs of the United States.

Section 203 also amended 18 U.S.C. 2517, which governs the permissive disclosure and use of intercepted communications. Under the new law, intercepted information related to "foreign intelligence or counterintelligence" can be disclosed to "any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official" to the extent that "such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure," and the information can be used by any officer properly in possession of the information to assist "in the performance of his official duties."

Section 203, as codified, was an improvement from the equivalent amendment initially proposed by the Administration in the ATA. The ATA would have permitted broad disclosure of sensitive information gathered by law enforcement agencies with any employee of the executive branch, including the intercepts of telephone conversations, without any safeguards regarding the future use or dissemination of such information. The USA PATRIOT Act amendments limit the use of the information to a proper investigation (subject to legal sanctions as defined by Section 223 upon misuse or misdisclosure of the information). However, while such sharing may be appropriate in the case of international terrorism investigations, the limitation permitting sharing only of "foreign intelligence information" is insufficient to limit disclosure to information relating to investigations of terrorist activities.

Interception of "Computer Trespasser" Communications
Prior law prohibited anyone from intentionally intercepting or disclosing the contents of any intercepted communications without complying with the requirements of the wiretap statute, unless such interception and disclosure fell within one of several statutory exceptions. The USA PATRIOT Act, Section 217, creates a new exception, permitting government interception of the "communications of a computer trespasser" if the owner or operator of a "protected computer" authorizes the interception. The new exception has broad implications, given that a "protected computer" includes any "which is used in interstate or foreign commerce or communication" (which, with the Internet, includes effectively any computer). The "authorization" assistance permits wiretapping of the intruder's communications without any judicial oversight, in contrast to most federal communication-intercept laws that require objective oversight from someone outside the investigative chain.

The new law places the determination solely in the hands of law enforcement and the system owner or operator. In those likely instances in which the interception does not result in prosecution, the target of the interception will never have an opportunity to challenge the activity (through a suppression proceeding). Indeed, such targets would never even have notice of the fact that their communications were subject to warrantless interception. However, the USA PATRIOT Act does include an exception prohibiting surveillance of someone who is known by the owner of the protected computer "to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer." The ATA, which did not contain such an exception, was so vague that the provision could have been applied to users downloading copyrighted materials off the Web. However, even with this fix, the amendment has little, if anything, to do with legitimate investigations of terrorism.

New Treatment of Voice-Mail Messages
Section 204 amended Title III and the Stored Communications Access Act so that stored voice-mail communications, like e-mail, may be obtained by the government through a search warrant rather than through more stringent wiretap orders. Section 204 also brings voice mail under the authority of Section 209, which permits nationwide search warrants. Messages stored on an answering machine tape remain outside the scope of either statute.

Application of Cable Companies to Electronic Surveillance
Section 211 amended Title III to provide that where a cable company provides telephone or Internet services, it must comply with the laws governing interception and disclosure of communications by other telephone companies or ISPs. This subjects cable companies acting in this capacity to 18 U.S.C. chapters 119 (Title III), 121, and 206, laws governing the interception and disclosure of real time wire, oral or electronic communications, pen register/trap and trace information, and stored communications. The new law supercedes the original provisions of the Cable Act relating to obligatory and voluntary disclosure of subscriber information, although the amendment would provide an exemption for "customer cable television viewing activity" (an undefined term, but one meant to address what channels are watched by the customer). However, the stringent privacy protections prohibiting release of customer information to non-governmental entities absent customer consent are left in place.

Nationwide Application of Surveillance Orders and Search Warrants
Prior to the passage of the USA PATRIOT Act, the laws relating to both wiretaps and pen register/trap and trace devices authorized execution of a court order only within the geographic jurisdiction of the issuing court. The Act (sections 216 and 220) expands the jurisdictional authority of a court to authorize the installation of a surveillance device anywhere in the United States. The availability of nationwide orders for the interception and collection of electronic evidence would remove an important legal safeguard by making it more difficult for a distant service provider to appear before the issuing court and object to legal or procedural defects. Indeed, it has become increasingly common for service providers to seek clarification from issuing courts when, in the face of rapidly evolving technological changes, many issues involving the privacy rights of their subscribers require careful judicial consideration. The burden would be particularly acute for smaller providers -- precisely those, for instance, who are most likely (according to the FBI) to be served with orders requiring the installation of the Carnivore system.

Section 220 amends the Federal Rules of Criminal Procedure to expand the jurisdictional authority of a court to authorize search warrants outside of the judicial district in an investigation of domestic or international terrorism. Although permitting nationwide application of search warrants creates the same problem as expanding the scope of surveillance orders -- making it harder for those served by such warrants to object to legal or procedural defects -- this provision, because it applies only to investigations of domestic or international terrorism, was more narrowly tailored to apply only to the anti-terrorism investigations.

Authority to Conduct Secret Searches ("Sneak and Peek")
Section 213 eliminates the prior requirement that law enforcement provide a person subject to a search warrant with contemporaneous notice of the search. The new "secret search" provision applies where the court "finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse effect." Although the Administration's "Field Guidance on New Authorities Enacted in the 2001 Anti-Terrorism Legislation" states that the new authority "is primarily designed to authorize delayed notice of searches," the amendment permits seizure of any tangible property or communications where the court finds "reasonable necessity" for this seizure. The law requires that notice be given within a "reasonable period," which can be extended by the court for "good cause." "Reasonable period" is undefined, and the Administration's Field Guidance advises that this is a "flexible standard."

This significant change in the law applies to all government searches for material that "constitutes evidence of a criminal offense in violation of the laws of the United States" and is not limited to investigations of terrorist activity. Prior law authorized delayed notification of a search only under a very small number of circumstances (such as surreptitious electronic surveillance). The expansion of this extraordinary authority to all searches constitutes a radical departure from Fourth Amendment standards and could result in routine surreptitious entries by law enforcement agents.

Expanded Scope of Subpoenas for Records of Electronic Communications
Under prior law, law enforcement could use a subpoena to obtain "the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service or a subscriber to or customer of such service and the type of services the subscriber or customer utilized" from an internet service provider. Section 210 expands the type of information that a provider must disclose to law enforcement to include, among other things, records of session times and duration; any temporarily assigned network address; and any means or source of payment. This heightened authority to use subpoenas (rather than court orders) for a broader (and more revealing) class of information is not be limited to investigations of suspected terrorist activity.

Lowered Standard for Foreign Intelligence Surveillance
Section 218 expands the application of FISA to those situations where foreign intelligence gathering is merely "a significant" purpose of the investigation, rather than, as prior FISA law provided, the sole or primary purpose. "Significant" is not defined, and this vagueness could lead to inconsistent determinations and potential overuse of the FISA standards. The more lenient standards that the government must meet under FISA (as opposed to the stringent requirements of Title III) are justified by the fact that FISA's provisions facilitate the collection of foreign intelligence information, not criminal evidence. This traditional justification is eliminated where the lax FISA provisions are applicable, at least in part, to the interception of information relating to a domestic criminal investigation. The change seriously alters the delicate constitutional balance reflected in the prior legal regime governing electronic surveillance.

Multi-Point ("Roving Wiretap") Authority
Section 206 expands FISA to permit "roving wiretap" authority, which allows the interception of any communications made to or by an intelligence target without specifying the particular telephone line, computer or other facility to be monitored. Prior law required third parties (such as common carriers and others) "specified in court-ordered surveillance" to provide assistance necessary to accomplish the surveillance. The amendment extends that obligation to unnamed and unspecified third parties.

Such "generic" orders could have a significant impact on the privacy rights of large numbers of innocent users, particularly those who access the Internet through public facilities such as libraries, university computer labs and cybercafes. Upon the suspicion that an intelligence target might use such a facility, the FBI can now monitor all communications transmitted at the facility. The problem is exacerbated by the fact that the recipient of the assistance order (for instance, a library) would be prohibited from disclosing the fact that monitoring is occurring.

The "generic" roving wiretap orders raise significant constitutional issues, as they do not comport with the Fourth Amendment's requirement that any search warrant "particularly describe the place to be searched." That deficiency becomes even more significant where the private communications of law-abiding American citizens might be intercepted incidentally.

Liberalized Use of Pen Register/Trap and Trace Devices under FISA
Section 214 removes the pre-existing statutory requirement that the government prove the surveillance target is "an agent of a foreign power" before obtaining a pen register/trap and trace order under the FISA. Therefore, the government could obtain a pen register/trap and trace device "for any investigation to gather foreign intelligence information," without a showing that the device has, is or will be used by a foreign agent or by an individual engaged in international terrorism or clandestine intelligence activities. The amendment significantly eviscerates the constitutional rationale for the relatively lax requirements that apply to foreign intelligence surveillance. That laxity is premised on the assumption that the Executive Branch, in pursuit of its national security responsibilities to monitor the activities of foreign powers and their agents, should not be unduly restrained by Congress and the courts. The removal of the "foreign power" predicate for pen register/trap and trace surveillance upsets that delicate balance.

However, The USA PATRIOT Act includes a provision prohibiting use of FISA pen register surveillance under any circumstances against a United States citizen where the investigation is conducted "solely on the basis of activities protected by the First Amendment." This exemption was not contained within the ATA, and limits to some extent the potential overreach of this expanded authority.

Access to "Any Tangible Things"
Section 215 grants the FBI the authority to request an order "requiring the production of any tangible things (including books, records, papers, documents, and other items)" relevant to an investigation of international terrorism or clandestine intelligence activities. Although the amendment is entitled "Access to Certain Business Records for Foreign Intelligence and International Terrorism Investigations," the scope of the authority is far broader and applies to any records relevant to the individual. This amendment, which overrides state library confidentiality laws, permits the FBI to compel production of business records, medical records, educational records and library records without a showing of "probable cause" (the existence of specific facts to support the belief that a crime has been committed or that the items sought are evidence of a crime). Instead, the government only needs to claim that the records may be related to an ongoing investigation related to terrorism or intelligence activities. Individuals served with a search warrant issued under FISA rules may not disclose, under penalty of law, the existance of the warrant or the facts that records were provided to the government. The final version of this provision contains an important clause -- which was not in the Administration's original bill -- restricting the potential misuse of the law. Although the USA PATRIOT Act deleted the requirement that any records requested pertain to an agent of a foreign power (or a foreign power), the Act prohibits investigation of a United States person solely on the basis of activities protected by the First Amendment. A second change from the ATA was the infusion of judicial involvement into the process. The ATA's proposed amendment would have allowed access to such records under a subpoena issued by investigators. The USA PATRIOT Act retains the requirement of pre-existing law, permitting access to records only upon court order.

Sunset Provision
The USA PATRIOT Act contains a sunset provision, terminating several of the amendments enhancing electronic surveillance authority on December 31, 2005. Because the law gives government much increased surveillance capability, a sunset is crucial to determine how well the tools work, how effective they havebeen, and how responsibly they have been applied. Of the provisions outlined above, the sunset provision does not apply to the expansion of pen register/trap and trace authority to the Internet; authority to share grand jury information; expansion of law enforcement authority over cable providers; expanded scope of subpoenas for electronic evidence; authority for delaying notice of the execution of a warrant; and expansion of jurisdictional authority of search warrants for terrorism investigations.

Additional Amendments Providing Government the Authority to Combat Terrorism
Section 205 of the Act provides for increased employment of translators by the FBI and designated five more judges to sit on the FISA Court (raising the number from seven to eleven seats on the court). These provisions are intended to increase the human intelligence capacities of the FBI and to provide additional judicial oversight of the enhanced FISA authority. Both amendments are commendable in their efforts to aid the government in preventing terrorist acts while maintaining a system checking intrusion onto citizens' civil liberties. In addition, Section 223 provides civil liability for unauthorized disclosure of information obtained through surveillance, which serves to limit misuse of communications captured through lawful surveillance.

Amendments to Immigration Laws

The Act contains significant amendments to immigration and other laws. These sections are not discussed here. For further information on such provisions, see:

The ACLU's analysis of the immigration provisions
The Lawyers Committee for Human Rights, analysis of the USA PATRIOT Act Immigration Provisions (Oct. 26, 2001)

http://www.epic.org/privacy/terrorism/usapatriot/

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Here's some info. that clarifies the Patriot Act a bit ... though perhaps some would argue it's a biased interpretation. If anyone's got a better one, please post it so we can look at this from all angles, etc.

Surprisingly for me, I find that a lot of people I know off the net are not too interested in this bit of legislation. They either don't know or don't care what it is or what it means.

I do know some folk who feel that this Act doesn't invade too far into our civil liberties on the grounds that "if you're not doing anything wrong, you've got nothing to worry about." That attitude worries me. Perhaps I'm a cynic, but I thought that checks and balances were necessary so that it's harder to abuse our laws. I'm not saying that anyone is using this legislation for their own interests or for some evil-political-take-over right now or whatever ...
What worries me is that, to me at least, this legislation seems pretty far reaching and open in its interpretations ... leaving it wide open for the possibility of abuse by someone who had the power and the willingness to do so whether now or in the future. It's too undefined, too broad, and very powerful. How can we be sure that these laws will ONLY EVER be applied for actual "anti-terrorist" purposes? Or, at least, how can we be more sure than we are now?

And, if this bit from another thread is true (I'm not saying it is or isn't, just going with the assumption that it is true for now) then I'm pretty dern scared.

“I don’t give a ******* ,” Bush retorted. “I’m the President and the Commander-in-Chief. Do it my way.”

“Mr. President,” one aide in the meeting said. “There is a valid case that the provisions in this law undermine the Constitution.”

“Stop throwing the Constitution in my face,” Bush screamed back. “It’s just a ********* piece of paper!”
http://www.linda-goodman.com/ubb/Forum16/HTML/001582.html

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"To learn is to live, to study is to grow, and growth is the measurement of life. The mind must be taught to think, the heart to feel, and the hands to labor. When these have been educated to their highest point, then is the time to offer them to the service of their fellowman, not before." - Manly P. Hall

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goatgirl
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posted December 12, 2005 10:02 PM           Edit/Delete Message   Reply w/Quote
How much freedom are you willing to give up just to "feel safe"?

I think that's the bottom line here.

If we have to do all these things which in essence make the Constitution and Bill of Rights null and void, haven't we lost something much more precious?

That's the heart and soul of America right there. Get rid of those things, and what remains? Flag waving and consumption?

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After silence, that which comes nearest to expressing the inexpressible is music." - Aldous Huxley

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ozonefiller
Newflake

Posts: 0
From:
Registered: Aug 2009

posted December 12, 2005 11:30 PM     Click Here to See the Profile for ozonefiller     Edit/Delete Message   Reply w/Quote
It's a way to bring about a new socialism that is being provoked by a reactionist imperialism by those that wish to provide for themselves more money, more power and more prestige!

These are people that are out there that fear that the population of the free peoples of any democracy cannot supercede any other way of living that would be deemed "unlawful" for the sake of monopolizing a popular preferance through fear, knowledge and/or ill-information!

This is beyond "calling a man stupid and then he becomes stupid". Use any means to dumb-down great masses of people through these means as that of the powers that maybe will be for the taking, but for only by a selected and priviledged few!

Closing the doors of the possiblities of the betterment of mankind and to those to accept less, while the freedoms of those that impose these kind of laws would be utterly endless! Drive fear into the masses for now of the unsuspecting, drive fear into the ones that know better with pursecution and don't tell the ones about it that already have no clue for what is going on until it is already too late!

That right there is the ultimate idea that assures the ones that elect these laws of oppression onto the people of America and beyond those bounderies into a totalitarian state!

This has always been and will always be the euphoric fastasy of a leader and his/her cabinate after the fact that his or her country has reached to the state of a worldly prominence! And for that reason either it wouldn't matter to those that don't know or that it doesn't matter to the ones that provide for they're own demise to the one thing that only and temporarally captures they're benefitial wellbeing thus only limited to the basic necessities of they're very needs,(whether it be through survival or enjoyment)or to that of those that already know the damage that is being done little by little to a structure that was created by those with good intentions for the masses painstakenly provided by those in with such as America begining as such as our forefathers that created also that "********* piece of paper"!

The more that the people in this country refuse to comply with contending they're freedoms, the more that people refuse to comply with acknowledging they're freedoms, then the more that the peoples of the United States of America will lose they're freedoms and everything that we claim that we as the American people strive to lease and to provide to other nations of this world like that as of Iraq, will be considered and assumed as a mere all out lie!

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jwhop
Knowflake

Posts: 2787
From: Madeira Beach, FL USA
Registered: Apr 2009

posted December 14, 2005 05:34 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
goatgirl, I did read the article and I did notice the specific reference to socialism as it related to Hitler's Germany.

Nevertheless, I went through the exercise because the radical American left have never come to terms with the fact Hitler was one of them....as were all the murderous thugs and dictators of the 20th century. As was Saddam Hussein who is no longer in power.

That said goatgirl, perhaps swine swill was too mild for what you posted.

Happy to give you a good giggle anyway.

Supporting America's enemies is a leftist specialty. Only one of the reasons to hold them in utter contempt.

Friday, Dec. 2, 2005 8:59 a.m. EST
Dems Back Saddam Hussein in New Poll

Democrats have given Saddam Hussein a shocking vote of confidence in the latest Fox News Opinion Dynamics survey, with a solid plurality saying the world would be better off if the Butcher of Baghdad was still in power.

Forty-one percent of Democrats gave Saddam a thumbs up, while just 34 percent said Iraq is better served with the murderous dictator gone, reports the New York Post.

In stark contrast, 78 percent of Republicans said toppling the mass-murdering leader left everyone better off. Just 10 percent said they wished Saddam still ruled Iraq.

On the question of whether President Bush lied to the American people about Saddam's weapons of mass destruction, 72 percent of Democrats say he did.

Seventy-nine percent of Republicans disagreed, however -- saying that Bush gave the American people the best intelligence he had at the time.
http://www.newsmax.com/archives/ic/2005/12/2/90042.shtml


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goatgirl
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posted December 15, 2005 12:29 AM           Edit/Delete Message   Reply w/Quote
MY problem with this little military exercise some of you like to call Iraqi Freedom Liberation Democracy giving cookie...is that It was really NONE of our business no matter who was in charge or what they had done or what they had not done or what time they eat or sleep or or or...

NONE of OUR business. Had Iraq ACTUALLY invaded America? Landed on our shores? IF not then NONE of our business. I don't like my tax dollars spent on something that is NONE of our business. I would much rather it spend HERE in our country, where we HAVE some business.

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After silence, that which comes nearest to expressing the inexpressible is music." - Aldous Huxley

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goatgirl
unregistered
posted December 15, 2005 12:32 AM           Edit/Delete Message   Reply w/Quote
One other thing, do they have state highways, a police force, public school system, taxes, medicare, FICA and Social Security down there in Florida? Guess what all socialist programs...FDR pushed lots of those EVIL leftist socialist agendas through in this very country only what was it, 60 or so short years ago?

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After silence, that which comes nearest to expressing the inexpressible is music." - Aldous Huxley

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SecretGardenAgain
unregistered
posted December 15, 2005 01:25 AM           Edit/Delete Message   Reply w/Quote
jwhop, i was talking about the middle east as a whole and muslims becoz it is pretty much widely accepted that this is a war on islam not on a particular mentality or on terrorists, which is too bad because muslims have been some of the most prominent contributors to the american landscape in the last 20 years.

i have no opinion on carter, except that i think he wasn't suited for politics. he was a good person in general, but perhaps not a wise politician. being a large advocate of humanitarianism in general i appreciate his Habitat project, but do not find myself qualified to speak on his political response.

besides that, i do support representative government if it represents the educated, literate and intellectual class of society. i am not supportive of a government that supports every uneducated, violent tom dick and harry. the tyranny of the majority is one of the most horrifying movements; usually an emotional mob rule taking precedence over logic, such as that of Nazi Germani. lets not forget how many germans supported Hitler during his rule and also that he was representative wasnt he? elected by the german people for them? you are right then, i am not for this kind of representative government, and i am in good company, plato, nietszche, aristotle chomsky and others. i am not supportive of being ruled by a mass of people easily swayed by propoganda, ill informed opinions, lack of knowledge, and a group think mentality. as yeats said, the best lack conviction, and the worst are full of passionate intensity.

Love
SG

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AcousticGod
Knowflake

Posts: 4415
From: Pleasanton, CA
Registered: Apr 2009

posted December 15, 2005 01:40 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
NewsMax

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