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description= This Site is intended to organize opposition to and the Repeal of FISA;
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religious test shall ever be required as a qualification to any office or public trust under the united states wow so what was the oath you took when you became a member of congress i do solemnly swear or affirm that i will support and defend the constitution of the united states against all enemies foreign and domestic that i will bear true faith and allegiance to the same that i take this obligation freely without any mental reservation or purpose of evasion and that i will well and faithfully discharge the duties of the office on which i am about to enter so help me god i ll give you 8 300 for it deal the crypt filed under politics 3 comments reward the heroes of resistance to the fisa amendments act posted on june 26 2008 by liberalicon if we want to be effective in our activism in opposition to the fisa amendments act then we need to think about how to influence members of congress to vote the way that we want influence is created through a system of rewards and punishment in choosing between rewards and punishment we need to keep in mind that rewards are generally the more effective method but they have to be communicated clearly and associated with the behavior that we want to see repeated in the case of the fisa amendments act we need to send a clear message that members of congress who will vote to uphold the constitution will be rewarded as bloggers we can reward those members of congress with favorable coverage to make the linkage clear we need to specifically praise individual members of congress for their votes against the fisa amendments act i ve been working on this project myself over the last week every day i write about the the good members of the house of representatives who voted against the fisa amendments act including segments from their official statements on the bill that seem particularly eloquent two days ago for example i wrote an article about representative tammy baldwin and her well crafted speech against h r 6304 when i searched on google blogsearch for more information on congresswoman baldwin s stand on this legislation however searching for fisa amendments act and tammy baldwin i saw that my article was one of only two blog articles that came up there ought to be hundreds of such articles written about what tammy baldwin did for america how must it feel for those members of the house of representatives who did the right thing only to be met with silence by the progressive blogosphere they put their necks out for us and yet we have not given them the good coverage that they deserve next time will they stick their necks out again we all need to step up and write the simple blog articles of thanks to the members of the house of representatives who voted no to h r 6304 there is a list of these heroes in defense of the constitution over at the protect america act web site you can find statements many of these members of congress have made about the fisa amendments act on their congressional sites at house gov or in the congressional record at the library of congress this is good original source material to write about the stuff bloggers should dream about we don t need to be part of the mainstream media s echo chamber we can write useful articles to communicate about particular members of congress with their constituents about something specific it s up to us to spread this information most people won t hear about it in any other way filed under politics tagged activism congress fisa amendments act h r 6304 influence leverage political behaviorism punishment reward tammy baldwin writing 1 comment h r 6304 translated what the fisa compromise really means cont posted on june 25 2008 by tylercollins sec 107 of hr 6304 deals with physical searches for gathering foreign intelligence in the pre existing law 50 u s c the procedures for fisa court warrant applications are virtually identical for both physical searches and electronic surveillance much of it is just copy and paste with a search and replace of physical search for electronic surveillance a few other minor changes none that i noticed were substantive so pre existing law allowed for physical searches with the same probable cause requirements as electronic surveillance sec 107 makes the following changes to the existing law strikes a paragraph stating that the approval of the attorney general must be included in the application to the fisa court for a physical search warrant it however leaves in several other references to the requirement of the attorney general s approval sec 104 made the same changes for electronic surveillance it is not clear what effect if any this has the requirement for the inclusion of a detailed description of the premises or property to be searched and of the information material or property to be seized reproduced or altered in the application has had the word detailed removed again this is analogous to the change sec 104 made for electronic surveillance the impact of this will be to make easier the primary thing the 4th amendment was meant to prevent fishing expeditions for something to charge a target with without prior probable cause major loser under pre existing law property to be searched had to be owned used possessed by or is in transit to or from a foreign power or an agent of a foreign power sec 107 changes this to include is about to be owned by not sure how this increases the search scope beyond what was already possible use possess and in transit to or from are sufficiently broad that i cannot think of anything included in about to be owned by that does fall under one of those three particularly the third makes the same change as sec 104 by creating an opening for an executive branch official not accountable to congress to certify the application allows the director of the cia to request fisa applications again analogous to sec 104 sec 107 also alters the procedure for judges issuing a fisa court order for a physical search pre existing law is again nearly identical to pre existing law for electronic surveillance makes a change analogous to one in sec 105 by striking a requirement that the judge find that the president has authorized the attorney general to make applications to the fisa court it is a strange change the purpose of which is not clear to me makes a change in the language allowing the search of property that is about to be owned by the target of the investigation in line with the above similar change in the application law it then as sec 105 did for electronic surveillance strikes the existing rules for emergency orders of physical searches which are nearly identical to the existing ones for electronic searches and replaces them the new law is basically the same as what sec 105 made for electronic surveillance if the attorney general reasonably believes a warrant would be awarded he may order the search before filing an application which he has seven days instead of the 72 hours allowed in existing law to file with the fisa court as it turns out tracking2008 has a good eye and caught something i did not catch in sec 105 that is both there and here information obtained from both physical searches and electronic surveillances without a fisa court warrant either before or after the fact is inadmissible as evidence before any governmental authority except when employed to prevent imminent death or direct harm i caught that part and was ok with that what i missed but tracking2008 caught was the clause just underneath that which reads 6 the attorney general shall assess compliance with the requirements of paragraph 5 this means that only the attorney general gets to decide if illegally obtained information meaning information obtained without fisa court blessing is misused this was not in the existing law and is something we should be very concerned about it runs against the very principle of checks and balances 50 u s c as a whole my thanks to tracking2008 for catching that in his post next i will cover sec 109 which deals with the formation of the fisa court and title ii which is the telecom immunity portion of the bill filed under fisa fiasco 3 comments h r 6304 translated what the fisa compromise really means cont posted on june 25 2008 by tylercollins sec 105 of hr 6304 deals with a fisa court judge s ruling on an application 50 u s c 1805 basically lays out the required procedure for a fisa court judge to issue a ruling and sec 105 of hr 6304 amends that law from sec 105 of hr 6304 strikes a subparagraph that explicitly states that the judge must find that the president has authorized the attorney general to approve applications for electronic surveillance not sure on the impact of this really it clearly relates to the changes made by sec 104 which strikes out one reference to the attorney general s approval being required on applications but leaves others strikes a requirement that a fisa court order specify whenever more than one electronic mechanical or other surveillance device is to be used under the order the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device this relates to the change made by sec 104 which ended the requirement that this information be included in applications in the first place so this change is just making the applications and the resulting orders consistent it is a decrease in the judicial oversight capacity of the fisa court in consistency with sec 104 eliminates the distinction between foreign power targets and other targets foreign power targets had lighter information requirements this would apply to say surveillance of a foreign embassy or other foreign government facilities rewrites the law governing emergency surveillance orders the short version of the new law is that if the attorney general reasonably determines that an application would be approved if submitted he can order the surveillance before submitting the application the application must be submitted or the surveillance ended within seven days if the surveillance is ended before an order is issued by a judge or the application is denied any information gathered can never be used as evidence in any governmental body courts congressional comittees regulatory bodies anything with government authority the only change from pre existing law with this one is that the time limit is increased from 72 hours to 7 days that seems a bit long in my opinion however the limits basically a ban on the use of any information gathered without the blessing of a fisa court order are kept the same i m not thrilled with the time span being as long as 7 days but i can live with it sec 106 of hr 6304 makes a small change to the law governing the use of information gained from electronic surveillance there is a section in 50 u s c 1806 that contains a clause requiring the destruction of any unintentionally acquired radio communications acquired in a situation where there is a reasonable expectation of privacy and both parties are in the us this is changed to simply read communication rather than radio communication this is a good provision and a point where existing law needed to be modernized the next section i m going to cover is sec 107 which makes amendments to the law governing physical searches i will hopefully get to that tonight filed under fisa fiasco 1 comment call your senators again ask them to support the filibuster posted on june 25 2008 by nijma fisa bill hr 6304 may come up for consideration in the senate as soon as today senators dodd feingold wyden and boxer and are planning to filibuster the compromise fisa bill 1 call your senators again now even if they already oppose fisa and ask them to support the filibuster senate switchboard 202 224 3121 2 if you have a blog consider writing a post about it 3 if you know of other bloggers get the message out to them i am thinking of some who have been posting on youtube who might have more google mojo than i do and can reach more people filed under politics 3 comments direct phone numbers to all senators posted posted on june 25 2008 by xoites all numbers of senators in state order are up and accessable on right in sidebar filed under politics 1 comment call the dscc posted on june 25 2008 by superjesus we all regularly get requests for money from the democratic senatorial campaign committee dscc so i thought it would be appropriate for us to all call them and let them know that they can expect no more money and no support from us if the senate leadership is unable to step up find some spine and block the fisa compromise please take two minutes to call and politely express your disgust on this critical issue phone the dscc now at 202 224 2447 the money walks if their bullshit talks super j thesuperjesus wordpress com filed under politics leave a comment if fisa passes posted on june 24 2008 by xoites it has just been suggested to me that if the senate passes fisa everyone not already registered as an independent should immediately register as one that day or the very next day they are able it is a very simple thing that would send a clear message and put the democrats and possibly even the republicans on notice that we are paying attention and that they have pissed us off imagine the reaction in congress if every member got an email that simply said if fisa passes i am leaving the party now imagine the reaction if every member got thousands or tens of thousands of those emails i propose that if fisa passes that we burn our voter registration cards in front of the nearest democratic party office or the nearest office of a member of congress i live in las vegas and will do so in front of harry reid s office and i will bring the press filed under politics 1 comment steny hoyer the face of defeat posted on june 24 2008 by paul wilden author s note this is a repost from my blog progressive world review in one short statement house majority leader steny hoyer d md summed up the reason why we can t count on the democratic party to stand up for either the constitution or the american people while senator russ feingold d wi characterized the recent passage of fisa a capitulation hoyer has declared it a victory from the politico in an interview with politico on monday hoyer called the fisa legislation a significant victory for the democratic party one that neutralized an issue republicans might have been able to use against democrats in november while still in his view protecting the civil liberties of american citizens emphasis added this is precisely the problem that plagues the democratic party instead of providing true leadership they insist on licking the boots of the republicans in the hope that they won t get beat up even from a position of power they continue to let the republicans frame the debate by allowing them to play the security card never mind that the republican brand is positioned somewhere lower than enron s and that americans are fed up with the direct...
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