President Acknowledges Approving Secretive Eavesdropping
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Chance Abattoir
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12-20-2005 15:21
From: Champie Jack (4) a group engaged in international terrorism or activities in preparation therefor; Btw- I've missed your smug little milkman picture. I hate that guy. lol. Re: (4)- I'm not a lawyer; is there a legal definition of "terrorism?" I'm assuming the "international" part is invalid since any of us can conspire with anyone with an internet connection or a phone.
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Champie Jack
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12-20-2005 15:23
From: Chance Abattoir I'm not arguing for him to have one, just wondering why he didn't get legal approval for something that would've easily been approved. It's a question of motive, not of value. It doesn't make it "better" if he really does have the power to search anyone he pleases under the pretext of "foreign intelligence" without probable cause. I don't think any of this will be settled unless they audit all the cases where he's used his power to monitor citizens and determine if he actually had cause (in the sense of them having ties to foreign intelligence). EDIT: And yes, that was hyperbole I used and not meant to literally be taken as the President making up his own branch of government. Apologies if you thought that. No need to apologize, but thanks for clarification. The President argues that he did get legal approval. He claims that the program targeted specific targets that qualify as described in 1802 and 1801(a). He also argues that the program followed all the requirements of 1802 (notification, review, etc). Perhaps you don't like the FISA Act, or you don't believe that the program followed the rules. But please, tell me what it is you beleive is wrong! Is it the FISA Act itself, or do you think that the president is lying?
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Champie Jack
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12-20-2005 15:25
From: Chance Abattoir Btw- I've missed your smug little milkman picture. I hate that guy. lol. Re: (4)- I'm not a lawyer; is there a legal definition of "terrorism?" I'm assuming the "international" part is invalid since any of us can conspire with anyone with an internet connection or a phone. hehe.. there is a definition of terrorism. Follow the legalize in 1801 to find the definition. here is a snippet: From: someone (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.
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Champie Jack
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12-20-2005 15:26
I don't mean to direct my comments at any particular person.
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Zuzu Fassbinder
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12-20-2005 15:32
I'm just saying there's a legal mechanism to find out if his actions were justified. Since there are clearly questions if this is the case then we should pursue this.
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Chance Abattoir
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12-20-2005 15:41
From: Champie Jack Perhaps you don't like the FISA Act, or you don't believe that the program followed the rules. But please, tell me what it is you beleive is wrong! Is it the FISA Act itself, or do you think that the president is lying?
The act itself at this point. Politicians never lie, they bend the truth.
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Chance Abattoir
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12-20-2005 15:43
From: Champie Jack (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; orQUOTE]
Are there legal definitions for "appear," "intimidate," and "coerce?"
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Champie Jack
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12-20-2005 15:51
From: Chance Abattoir From: Champie Jack (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; orQUOTE] Are there legal definitions for "appear," "intimidate," and "coerce?" lol  I don't think they are defined in the text of the FISA Act.
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Champie Jack
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12-20-2005 15:53
From: Zuzu Fassbinder I'm just saying there's a legal mechanism to find out if his actions were justified. Since there are clearly questions if this is the case then we should pursue this. Agreed. I would like a discussion of the gray areas, rather than another "Bush Lied" thread
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Chance Abattoir
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12-20-2005 15:58
From: Champie Jack lol  I don't think they are defined in the text of the FISA Act. Heh. That's the problem with laws about terrorism, there's a gray line separating terrorism and good old fashioned rebellion that is never well defined. I can just see the trial now... "I did not have sexual relations with that woman (because blowjobs are like handshakes)."
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Bill Diamond
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12-20-2005 16:22
It depends on what the definition of "is" is....
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Champie Jack
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12-20-2005 16:31
I found a list. This list details some of the warrentless searches of American Citizens and property allowed by Federal Law: Detain American citizens for investigative purposes without a warrant; Arrest American citizens, based on probable cause, without a warrant; Conduct a warrantless search of the person of an American citizen who has been detained, with or without a warrant; Conduct a warrantless search of the home of an American citizen in order to secure the premises while a warrant is being obtained; Conduct a warrantless search of, and seize, items belonging to American citizens that are displayed in plain view and that are obviously criminal or dangerous in nature; Conduct a warrantless search of anything belonging to an American citizen under exigent circumstances if considerations of public safety make obtaining a warrant impractical; Conduct a warrantless search of an American citizen's home and belongings if another person, who has apparent authority over the premises, consents; Conduct a warrantless search of an American citizen's car anytime there is probable cause to believe it contains contraband or any evidence of a crime; Conduct a warrantless search of any closed container inside the car of an American citizen if there is probable cause to search the car — regardless of whether there is probable cause to search the container itself; Conduct a warrantless search of any property apparently abandoned by an American citizen; Conduct a warrantless search of any property of an American citizen that has lawfully been seized in order to create an inventory and protect police from potential hazards or civil claims; Conduct a warrantless search — including a strip search — at the border of any American citizen entering or leaving the United States; Conduct a warrantless search at the border of the baggage and other property of any American citizen entering or leaving the United States; Conduct a warrantless search of any American citizen seeking to enter a public building; Conduct a warrantless search of random Americans at police checkpoints established for public-safety purposes (such as to detect and discourage drunk driving); Conduct warrantless monitoring of common areas frequented by American citizens; Conduct warrantless searches of American citizens and their vessels on the high seas; Conduct warrantless monitoring of any telephone call or conversation of an American citizen as long as one participant in the conversation has consented to the monitoring; Conduct warrantless searches of junkyards maintained by American citizens; Conduct warrantless searches of docks maintained by American citizens; Conduct warrantless searches of bars or nightclubs owned by American citizens to police underage drinking; Conduct warrantless searches of auto-repair shops operated by American citizens; Conduct warrantless searches of the books of American gem dealers in order to discourage traffic in stolen goods; Conduct warrantless drug screening of American citizens working in government, emergency services, the transportation industry, and nuclear plants; Conduct warrantless drug screening of American citizens who are school officials; Conduct warrantless drug screening of American citizens who are school students; Conduct warrantless searches of American citizens who are on bail, probation or parole.
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Champie Jack
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12-20-2005 16:33
I just thought that was an interesting list. It isn't relevent to Electronic Wire-tapping
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Chance Abattoir
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12-20-2005 16:45
From: Champie Jack I found a list. This list details some of the warrentless searches of American Citizens and property allowed by Federal Law: I do not consent to a search. I will remain silent. I want to speak with a lawyer. ::Followed by an impenetrable commitment to silence::
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Ulrika Zugzwang
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UPDATE: Wiretapping Based on New Technology
12-20-2005 19:21
Recent insight suggests that the NSA spying has been so secretive because it relies on wiretapping a massive number of communication channels indiscriminately, looking for keywords and voice patterns automatically. That would explain why there are no warrants issued, because the NSA is casting a massive net, searching without probable cause. The new technology at the root of the NSA wiretap scandal
12/20/2005 12:38:54 PM, by Hannibal
When the NSA wiretapping story first hit the pages of the NYT a few days ago, there were clearly a huge number of unanswered questions. Is the wiretapping that the President has authorized illegal under the FISA act? Is it unconstitutional? If it's illegal, does the President have the authority to violate the law if he's acting in the best interests of the republic? And then there's the question of why the NYT sat on this story for over a year before going public with it.
I'm not really going to make any attempt to answer questions of legality and constitutionality, because the Internet is full of armchair constitutional scholars right now who're fighting tooth and nail over these questions, generating much heat but very little light. Instead, I'd like to point your attention to some later developments in this case that clearly indicate that there's much more going on here than we initially assumed. When the truth comes out (if it ever does), this NSA wiretapping story will almost certainly be a story not just about the Constitutional concept of the separation of powers, but about high technology.
...
It is entirely possible that the NSA technology at issue here is some kind of high-volume, automated voice recognition and pattern matching system. Now, I don't at all believe that all international calls are or could be monitored with such a system, or anything like that. Rather, the NSA could very easily narrow down the amount of phone traffic that they'd have to a relatively small fraction of international calls with some smart filtering. First, they'd only monitor calls where one end of the connection is in a country of interest. Then, they'd only need the ability to do a roving random sample of a few seconds from each call in that already greatly narrowed pool of calls. As Zimmermann describes above, you monitor a few seconds of some fraction of the calls looking for "hits," and then you move on to another fraction. If a particular call generates a hit, then you zero in on it for further real-time analysis and possible human interception. All the calls can be recorded, cached, and further examined later for items that may have been overlooked in the real-time analysis. [/quote] http://arstechnica.com/news.ars/post/20051220-5808.html~Ulrika~
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Zuzu Fassbinder
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12-20-2005 19:28
From: Ulrika Zugzwang As Zimmermann describes above,
Say, is he any relation to Arthur Zimmermann of "telegram" fame?
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Champie Jack
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12-20-2005 19:36
.
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Phoenix Psaltery
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12-20-2005 20:18
But why are we so surprised? After all, the man allegedly said the Constitution is "just a goddamned piece of paper." /112/f2/76461/1.htmlP2
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Chip Midnight
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12-21-2005 08:57
To those of you who are claiming FISA approved this... From: someone WASHINGTON Dec 21, 2005 — A federal judge has resigned from a special court set up to oversee government surveillance, apparently in protest of President Bush's secret authorization of a domestic spying program on people with suspected terrorist ties. U.S. District Judge James Robertson would not comment Wednesday on his resignation, but The Washington Post reported that it stemmed from deep concern that the surveillance program Bush authorized was legally questionable and may have tainted the work of the court. http://abcnews.go.com/Politics/wireStory?id=1428853
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Champie Jack
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12-21-2005 09:34
From: Chip Midnight To those of you who are claiming FISA approved this... "apparent" protest. He gave no comment It looks like nobody knows why he resigned. Maybe we should wait. In my replies in this thread I showed that there is a method by which the President can perform warrantless electronic surveillance. Perhaps you can show how the presidents actions are illegal? So far, I have not seen or heard any convincing eveidence that the Preseident acted outside his authority.
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Champie Jack
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12-21-2005 09:38
From: Phoenix Psaltery But why are we so surprised? After all, the man allegedly said the Constitution is "just a goddamned piece of paper." /112/f2/76461/1.html P2 Did you even read that thread, or the source?
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Chip Midnight
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12-21-2005 09:47
From: Champie Jack Perhaps you can show how the presidents actions are illegal? So far, I have not seen or heard any convincing eveidence that the Preseident acted outside his authority. I'll leave it to the lawyers. I just find it incredibly chilling how the right wing sycophants are jumping to defend what appears to be a blatant trampling of our constitutional rights. It disgusts me to see my own countrymen leap to the defense of torture, rendition, unreasonable search and seizure, violations of international law, denial of due process, and all the other outrageously offensive things the Bush administration has done. Even if ultimately any of it is justifiable, even the slightest hint of any of it should be cause for serious concern for anyone who pretends to believe in the constitution, human rights, and the rule of law. It truly sickens me to my core.
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Champie Jack
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12-21-2005 10:03
From: Chip Midnight I'll leave it to the lawyers. I just find it incredibly chilling how the right wing sycophants are jumping to defend what appears to be a blatant trampling of our constitutional rights. It disgusts me to see my own countrymen leap to the defense of torture, rendition, unreasonable search and seizure, violations of international law, denial of due process, and all the other outrageously offensive things the Bush administration has done. Even if ultimately any of it is justifiable, even the slightest hint of any of it should be cause for serious concern for anyone who pretends to believe in the constitution, human rights, and the rule of law. It truly sickens me to my core. Is that your answer? That doesn't add much to the debate, except that you are emotionally overwhelmed. Good Luck Chip, I hope you feel better soon.
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Chance Abattoir
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12-21-2005 10:08
From: Champie Jack "apparent" protest. He gave no comment It looks like nobody knows why he resigned. Maybe we should wait. In my replies in this thread I showed that there is a method by which the President can perform warrantless electronic surveillance. Perhaps you can show how the presidents actions are illegal? So far, I have not seen or heard any convincing eveidence that the Preseident acted outside his authority. From: Ulrika's News Clip The agency could never hire enough humans to be able to monitor that many calls simultaneously, which means that they'd have to use voice recognition technology to look for "hits" that they could then follow up on with human wiretaps. It is entirely possible that the NSA technology at issue here is some kind of high-volume, automated voice recognition and pattern matching system. Now, I don't at all believe that all international calls are or could be monitored with such a system, or anything like that. Rather, the NSA could very easily narrow down the amount of phone traffic that they'd have to a relatively small fraction of international calls with some smart filtering. First, they'd only monitor calls where one end of the connection is in a country of interest. Then, they'd only need the ability to do a roving random sample of a few seconds from each call in that already greatly narrowed pool of calls. As Zimmermann describes above, you monitor a few seconds of some fraction of the calls looking for "hits," and then you move on to another fraction. If a particular call generates a hit, then you zero in on it for further real-time analysis and possible human interception. All the calls can be recorded, cached, and further examined later for items that may have been overlooked in the real-time analysis.
In a recent press conference, Deputy Director for National Intelligence Michael Hayden said the following (via Defensetech):
And here the key is not so much persistence as it is agility. It's a quicker trigger. It's a subtly softer trigger. And the intrusion into privacy -- the intrusion into privacy is significantly less. It's only international calls. The period of time in which we do this is, in most cases, far less than that which would be gained by getting a court order.
This sounds pretty much like what I've described above. And yes, this kind of real-time voice recognition, crude semantic parsing and pattern matching is doable with today's technology, especially when you have a budget like the NSA. From: U.S. Constitution, 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Just because he doesn't need a warrant (for some ungodly legal reason that should be examined and thrown out), does not mean he doesn't require probable cause. Somehow I think a constitutional amendment supercedes a special act that is *probably* being abused. :  hrug:: Again, I don't think this thing will have any concrete answers until we see exactly how the wiretapping was being done and for what specific reasons. Oh, and regarding post 38 where gloating ensued because silence on an internet forum meant concession:  That was the most retardulous thing I've seen all week.
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Champie Jack
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12-21-2005 11:09
From: Champie Jack it gets pretty quiet in this forum when you introduce facts into a discussion. If you'd prefer to enjoy the hyperbole and insanity, continuing accepting the political posturing by the Democrats, and the publicity stunt put on by the NYT. Chance, I'll agree with you on that one. Retardulous is a good word. Until that moment, however, there was quite a bit of guessing and emotional appeal going on. There had been very little examination of facts. To be honest, the FISA Act Section 1802 is only one possible way in which warrantless electronic surveillance can be legally done. There are other ways to justify the Presidents actions as legal. All I'm trying to do is encourage a discussion of the reality of warrantless surveillance. Also, you can find a list of warrantless actions allowed by Federal Law. If you would like to debate these things, thats fine. But, going on like Chip has with his "Bush is evil" rant is pointless.
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