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description=This Site is intended to organize opposition to and the Repeal of FISA;

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your newspaper today here is the text of the letter i just submitted to the columbus dispatch a newspaper with a circulation of more than 350 000 to the editor now that the fisa amendments act h r 6304 has been passed by the house of representatives dispatch 6 21 only the senate stands in the way of this bill becoming the law of the land in violation of the fourth amendment to the u s constitution h r 6304 permits the white house to spy on anyone s communications or physically search anyone s property without a warrant your phone calls your bank records your e mails your car your office your home nothing is off limits and the white house doesn t need to establish any cause at all after one week of surveillance of your phone and physical searches of your home a judge can finally order the white house to stop but the white house can keep whatever information it has obtained and use it anyway don t believe me google h r 6304 and read this bill yourself do you trust the president with unchecked power to search your communications and your property do you believe the bill of rights is just a suggestion if your answer to these questions is no then i urge you to call senator sherrod brown at 202 224 2315 and senator george voinovich at 202 224 3353 ask them to vote no on h r 6304 sincerely james m cook please feel free to use it as a point of inspiration but please do not cut and paste that s called astroturfing and it is not only ethically problematic but also counterproductive using your own words spread the word on fisa by writing a letter to the editor today if twenty people reading this post each write a letter to the editor and if just ten of those letters are published we could reach millions of people so get to it filed under fisa fiasco politics tagged activism bill of rights cut and paste fisa h r 6304 letter letter to the editor senate write 1 comment data strip mining posted on june 27 2008 by xoites what we have already lost although the department of homeland security is not in the habit of photocopying the business papers contained in a businessman s briefcase as he enters the country it is apparently in the habit of seizing and copying the contents of electronic media including laptops digital film and portable data storage devices an unwary traveler can have his entire business filing system removed for an undetermined amount of time if he makes the mistake of keeping it all on his personal laptop and passes through customs even if it is just the notes taken on his recent business trip the disruption to commerce and a business small or large can be enormous most major companies now require employees to pass through customs with a clean laptop to avoid these possibilities after reading the opinion of the 9th circuit court of appeals decision upholding this practice i came across a few other tidbits in carney the supreme court rejected the argument that evidence obtained from a warrantless search of a mobile home should be suppressed because it was capable of functioning as a home id at 387 88 393 94 the supreme court refused to treat a mobile home differently from other vehicles just because it could be used as a home id at 394 95 the two main reasons that the court gave in support of its holding were 1 that a mobile home is readily movable and 2 that the expectation of privacy with respect to one s automobile is significantly less than that relating to one s home or office id at 391 quotation marks omitted so if you live in a mobile home the fourth amendment does not apply to you moreover case law does not support a finding that a search which occurs in an otherwise ordinary manner is particularly offensive simply due to the storage capacity of theobject being searched see california v acevedo 500 u s 565 576 1991 refusing to find that looking inside a closed container when already properly searching a car was unreasonable when the court had previously found destroying the interior of an automobile to be reasonable in carroll v united states 267 u s 132 1925 if you live in a mobile home the interior can be destroyed in a search without a warrant and it is already totally legal see also raw story filed under politics 2 comments dems who flipped on fisa immunity see more telecom cash posted on june 26 2008 by xoites that s a nice looking piece of paper what is it we call it the united states constitution really is it important very much so we base our laws on it and we fall back on it whenever a question comes up about the legality of a law that is passed in congress we members of congress swear to uphold it when we take office we do so because it is required by the very same constitution the constitution specifies in article vi clause 3 the senators and representatives before mentioned and the members of the several state legislatures and all executive and judicial officers both of the united states and of the several states shall be bound by oath or affirmation to support this constitution but no 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 su...