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Cage
Shaved Sack

Registered: Aug 2000
Location: Boston, MA, Center of the Universe
Posts: 4538

WTF is the Foreign Intelligence Surveillance Court?

Original Reuters story:

quote:
Secret Court Says U.S. Has Broad Wiretap Powers

WASHINGTON (Reuters) - A special, secretive appeals court on Monday said the U.S. government has the right to use expanded powers to wiretap suspected terrorism suspects under a law adopted by Congress after the Sept. 11, 2001, attacks.

The ruling was seen as a setback for civil libertarians who have said the expanded powers, which allow greater leeway in conducting electronic surveillance and in using information obtained from the wiretaps and searches, jeopardize constitutional rights.

In a 56-page ruling overturning a May opinion by the secret Foreign Intelligence Surveillance Court, the three-judge appeals court panel said the Patriot Act gave the government the right to expanded powers.

Sweeping anti-terror legislation, called the USA Patriot Act and signed into law in October after the hijacked plane attacks, made it easier for investigators and law enforcement agents or prosecutors to share information obtained by surveillance and searches.

In the May ruling, the secret court said the government had gone too far. But the Justice Department (news - web sites) appealed, saying it limited the kind of coordination needed to protect national security.


Anyone cover this in their high school Civics class? I know that military tribunals are pseudo-judiciary entities that can be used to circumvent the Judiciary branch's checks and balances, but I hadn't heard anything about "secret courts". Guess that's why they call them "secret".

For what it's worth, I found a couple related links:
http://www.fas.org/irp/agency/doj/fisa/
http://www.eff.org/Censorship/Terro...s/fisa_faq.html

I guess the court's been around since 1978ish, but the question at hand is whether the expanded powers outlined in last year's USA Patriot Act are unconstitutional. Apparently the court thought they were, but fortunately the secret appellate court decided that was silly. Forget the Supreme Court, I wanna be a judge on the special USA Patriot Act Foreign and Domestic Fuck All of You I'm in Charge Now Whatever I Say Goes Soylent Green is People Court. I wonder how you get that job. Secret elections?

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Old Post 11-18-2002 06:43 PM
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SocialParasite
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Own or have special interest in an oil corporation. That'll get you in the Bush cabinet. It's just a short step from there.

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Old Post 11-18-2002 06:47 PM
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Smug Git
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I just hope I can get all the way to the presidency before I wake up again.

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Old Post 11-18-2002 07:04 PM
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Pinecrika
Prophet of Doom

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Does this mean that if you were a suspected terrorist (if the government suspected you) and had your phone tapped, would you still get arrested for something else? Like say you were telling a friend to come on over to help you smoke a big, fat ball of hash, although it has nothing to do with terrorisim, its still illeagal, so the powers that be could nail your ass to the wall for smoking the dreaded hash ball yet your phone was tapped for a different reason entirely.

Did that make any sense?

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Old Post 11-18-2002 07:54 PM
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Thumper
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Don't bogart that joint....my friend...

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Old Post 11-18-2002 07:58 PM
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Pinecrika
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I can't see how bogarting a joint threatens national security.

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Old Post 11-18-2002 08:05 PM
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Thumper
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Okay...so the feds are tapping your line while you and a buddy are negotiating a ball of hash...meanwhile Osama and his cronies are planting a dirty bomb in some city. Do the feds get blamed for spending time on the hash deal getting somewhat sidetracked?

That's my story and I'm sticking to it...

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Old Post 11-18-2002 08:12 PM
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Cage
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quote:
Originally posted by Pinecrika
Does this mean that if you were a suspected terrorist (if the government suspected you) and had your phone tapped, would you still get arrested for something else?


Good question. I believe that evidence gathered during the execution of a search warrant can be suppressed, if it was not related to the reason for the issuing of the warrant in the first place.

However, if a cop pulls you over for a traffic violation and sees contraband -- say a bag of weed -- during a normal visual search, he can search your vehicle without a warrant. If he then also finds an illegal firearm, I'm pretty sure you can be charged for that, as well -- even though it had nothing to do with the original reason for his search.

Considering that the FISC can authorize wiretapping without a warrant, I see no reason to believe that it would be handled differently than the warrantless search of your car.

Electronic Frontier Foundation's FISA FAQ.

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Old Post 11-18-2002 08:15 PM
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Pinecrika
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You'd think they'd get blamed, but you would be sequesterd in Leavenworth for your paltry ball o' hash, unable to tell the masses of your unjust imprisonment, and the feds would feed us the same old bullshit on how the CIA/FBI is inept and needs more power to tap more phone lines.

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Old Post 11-18-2002 08:17 PM
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Thumper
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True...true

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Old Post 11-18-2002 08:37 PM
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Smug Git
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I don't think, as a rule, it is a good thing for you if the police know that you have a shitload of drugs in your house, whether or not they have a warrant.

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RiZZ
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i like drugs

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Old Post 11-18-2002 08:43 PM
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Paint CHiPs
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Re: WTF is the Foreign Intelligence Surveillance Court?

WTF?

quote:
Originally posted by Cage
"We think the procedures and government showings required under FISA, if they do not meet the minimum Fourth Amendment warrant standards, certainly come close," the judges wrote in their ruling, which was partially declassified and published.




*groans*

Man, this country is really starting to suck.

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Old Post 11-18-2002 09:11 PM
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SocialParasite
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Yep. You no longer have to do things within the limits of the Constitution if you're "sorta close to doint things legally."

Yeah, well, I certainly came close to not raping that little girl, but then she flashed those panties and . . . the rest is history.

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Old Post 11-18-2002 09:14 PM
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Aydin
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Registered: Jul 2001
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Re: Re: WTF is the Foreign Intelligence Surveillance Court?

quote:
Originally posted by Paint CHiPs
WTF?



*groans*

Man, this country is really starting to suck.


It's the Republicans!!!
And the Democrats.

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