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bobsunshine's statute is plainly not applicable to surveillance of US citizens. Posts justifying this program under section 1802 are DISINFORMATION, and nothing more.


12 posted on 12/19/2005 12:00:42 PM PST by lugsoul ("Try not to be sad." - Laura Bush)
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To: lugsoul
And this is from the NY SUN;

This "without court order" was so clear that even President Carter, a Democrat not known for his vigilance in the war on terror, issued an executive order on May 23, 1979, stating, "Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order." He said, "without a court order."

Now, Section 1802 does impose some conditions, including that "there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party." But the law defines "United States person" somewhat narrowly, so that it would not include illegal aliens or, arguably, those who fraudulently obtained legal status.

And if Section 1802 isn't enough, regard section 1811 of the same subchapter of the United States Code, "Authorization during time of war." It states, "Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress." Again, mark the phrase, "without a court order."

13 posted on 12/19/2005 12:05:40 PM PST by bobsunshine
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To: lugsoul

lugsoul - section 1802, "Electronic Surveillance Authorization Without Court Order." "Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year"

What part of this do you disagree with?


15 posted on 12/19/2005 12:11:21 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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