What's the Big Deal About FISA?

I know I'm a freak but I like to actually read legislation before I rabidly denounce it. As with the Patriot Act, I feel completely baffled as to why people are so disturbed by the FISA amendment.

They say it violates the Fourth Amendment but I'm not sure how that can be true if it says this:

Limitations- An acquisition authorized under subsection (a)--

• `(1) may not intentionally target any person known at the time of acquisition to be located in the United States;
• `(2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;
• `(3) may not intentionally target a United States person reasonably believed to be located outside the United States;
• `(4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and
• `(5) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States.

First, it clearly and directly demands that any action taken under the auspice of this legislation be consistent with limitations put forth in the 4th Amendment. I'm not sure how much clearer it could be on that topic.

Also, I love that they use the term "United States Person" instead of citizen implying that even non-citizens living abroad who make a regular residence in the United States cannot be targeted.

I guess it could be argued (stupidly) that the frequent use of the words "intentional" and "reasonably" could allow the government to flout the law but they've always been able to do that. The government has always maintained plausible deniability when it comes to intelligence gathering. It would be stupid not to.

On the topic of immunity for telecoms, there's no way they could be held liable by any responsible court because they were asked by the government to take the actions. This is entrapment. If a cop comes to me and asks me to smoke some pot with him, he can't arrest me afterward. Similarly, if the government asks me for phone records and assures me it is legal to provide them, I cannot subsequently be held legally responsible for those actions.

I just don't get it. What's the big fucking deal?

Posted by: Moron Pundit at 01:48 PM | No Comments | Add Comment
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