What does "US person" mean?

www,fas,org ^ | 10/14/1994 | US Congress

[El Oviedo]

P.L. 103-359 10/14/1994

Counterintelligence and Security Enhancements Act of 1994 Physical Searches under FISA. Sec. 807(a) amends FISA to redesignate former title III as title IV and former Section 301 as Section 401. The new title III of FISA, 50 U.S.C. § 1821 et seq., provides for physical searches for foreign intelligence purposes. The new title:

– provides pertinent definitions (Sec. 301 of FISA).

Physical searches without a court order of property used exclusively by certain foreign powers.

– authorizes the President, acting through the Attorney General, to authorize physical searches for foreign intelligence purposes without a court order for periods of up to 1 year upon Attorney General certification that (1) the search is directed solely at premises, information, material, or property used exclusively by, or under the open and exclusive control of a foreign government or any component thereof, whether or not recognized by the United States; a faction of a foreign nation or nations, not substantially composed of United States persons; or an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;

(2) that there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a U.S. person;

[El Oviedo]

Disagree. Resident persons are those legally admitted for permanent residence for 5 continuous years. A UN employee from Bangladesh is not a US person although she lives in New York.

[ndt]

"Since the definition is quite explicit, and even easily understood, I conclude that you're just bitching to bitch."

I bitch because the quite explicit and easy to understand definition was completely misrepresented.

[ASA Vet]

A UN employee from Bangladesh is not a US person although she lives in New York.

True, but she may vote as a DemocRAT, (even if she dies.)

[ndt]

"Resident persons are those legally admitted for permanent residence for 5 continuous years. "

The law states that the person must have been "lawfully accorded the privilege", period.

Please post any part of the law that specifically states the the person must remain for a continuous 5 years. If you can do so I will gladly retract my claim.

[r9etb]

I bitch because the quite explicit and easy to understand definition was completely misrepresented.

You're deliberately misrepresenting it.

If the person does not fit the definition of "U.S. Person", then quite obviously "there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a U.S. person."

The search can proceed.

[Smartaleck]

"The opposite of "THEM people"." Roflmao

[ndt]

" You're deliberately misrepresenting it."

Where did I state that non U.S. Persons should should be afforded U.S. Person status?

To the contrary I'm the only one who bothered to post the actual legal definition.

[Smartaleck]

A current copy of the law including, what looks like all the updates is here. Very easy to navigate too.

TITLE 50 > CHAPTER 36
CHAPTER 36—FOREIGN INTELLIGENCE SURVEILLANCE
(Check out each section for specific surveillance)
http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36.html

Definition of US Citizen ss Section 1801
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001821----000-.html

[r9etb]

Where did I state that non U.S. Persons should should be afforded U.S. Person status?

Perhaps I'm misreading your posts ... when you talk about "tens of millions" in post #7, were you referring to illegals?

[ndt]

"when you talk about "tens of millions" in post #7, were you referring to illegals?"

I'm referring to legal permanent residents.

[El Oviedo]

I read your post and I found this - US Persons an unincorporated association a substantial number of members of which are citizens of the United States.

Could this mean ACLU, CAIRN, etc.

[OkiMusashi]

I think Aldridge Aimes' home was searched without a warrant. (This was even done before FISA included physical searches, iirc) I think it is possible to be a U.S. citizen and not be a U.S. person if you are an agent of of foreign power or if you are part of an association that is a foreign power.

uh .... I think.