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	<title>Comments on: Hold Tight, Folks, The Water May Get Rough</title>
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		<title>By: thutmosis</title>
		<link>http://informedspeculation.com/2005/12/20/hold-tight-folks-the-water-may-get-rough/comment-page-1/#comment-9406</link>
		<dc:creator>thutmosis</dc:creator>
		<pubDate>Wed, 21 Dec 2005 07:33:08 +0000</pubDate>
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		<description>Fred

On cursory reading your quote of EO 12139
appears to give the President carte blanche to 
carry on surveillance without court approval. However sections 1-101 and 1-104 of this EO are not creating new law or doing away with existing law. It appears to merely expand on the President&#039;s authority BUT STILL WITHIN AND CONTROLLED by FISA [50 U.S.C. section 1802].

Here:

EO 12139
 1-101. 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, but only if the
   Attorney General makes the certifications required by that Section.

1-104. Section 2-202 of Executive Order No. 12036 (set out under
   section 401 of this title) is amended by inserting the following at
   the end of that section: &#039;&#039;Any electronic surveillance, as defined
   in the Foreign Intelligence Surveillance Act of 1978, shall be
   conducted in accordance with that Act as well as this Order.&#039;&#039;

and here:

Section 1802. Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court 

      (a)(1) 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 if the Attorney General
    certifies in writing under oath that -
        (A) the electronic surveillance is solely directed at -
          (i) the acquisition of the contents of communications
        transmitted by means of communications used exclusively between
        or among foreign powers, as defined in section 1801(a)(1), (2),
        or (3) of this title; or
          (ii) the acquisition of technical intelligence, other than
        the spoken communications of individuals, from property or
        premises under the open and exclusive control of a foreign
        power, as defined in section 1801(a)(1), (2), or (3) of this
        title;
        (B) there is no substantial likelihood that the surveillance
      will acquire the contents of any communication to which a United
      States person is a party; and
(C) the proposed minimization procedures with respect to such
      surveillance meet the definition of minimization procedures under
      section 1801(h) of this title; and...

The administration still has a lot of explaining to do. At least for now we still are a country of laws. Americans, including the President,  can&#039;t just trample on laws we do not like in the name of expediency and of nebulous talking points as the so called &quot;war on terror&quot;</description>
		<content:encoded><![CDATA[<p>Fred</p>
<p>On cursory reading your quote of EO 12139<br />
appears to give the President carte blanche to<br />
carry on surveillance without court approval. However sections 1-101 and 1-104 of this EO are not creating new law or doing away with existing law. It appears to merely expand on the President&#8217;s authority BUT STILL WITHIN AND CONTROLLED by FISA [50 U.S.C. section 1802].</p>
<p>Here:</p>
<p>EO 12139<br />
 1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence<br />
   Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General<br />
   is authorized to approve electronic surveillance to acquire foreign<br />
   intelligence information without a court order, but only if the<br />
   Attorney General makes the certifications required by that Section.</p>
<p>1-104. Section 2-202 of Executive Order No. 12036 (set out under<br />
   section 401 of this title) is amended by inserting the following at<br />
   the end of that section: &#8221;Any electronic surveillance, as defined<br />
   in the Foreign Intelligence Surveillance Act of 1978, shall be<br />
   conducted in accordance with that Act as well as this Order.&#8221;</p>
<p>and here:</p>
<p>Section 1802. Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court </p>
<p>      (a)(1) Notwithstanding any other law, the President, through the<br />
    Attorney General, may authorize electronic surveillance without a<br />
    court order under this subchapter to acquire foreign intelligence<br />
    information for periods of up to one year if the Attorney General<br />
    certifies in writing under oath that -<br />
        (A) the electronic surveillance is solely directed at -<br />
          (i) the acquisition of the contents of communications<br />
        transmitted by means of communications used exclusively between<br />
        or among foreign powers, as defined in section 1801(a)(1), (2),<br />
        or (3) of this title; or<br />
          (ii) the acquisition of technical intelligence, other than<br />
        the spoken communications of individuals, from property or<br />
        premises under the open and exclusive control of a foreign<br />
        power, as defined in section 1801(a)(1), (2), or (3) of this<br />
        title;<br />
        (B) there is no substantial likelihood that the surveillance<br />
      will acquire the contents of any communication to which a United<br />
      States person is a party; and<br />
(C) the proposed minimization procedures with respect to such<br />
      surveillance meet the definition of minimization procedures under<br />
      section 1801(h) of this title; and&#8230;</p>
<p>The administration still has a lot of explaining to do. At least for now we still are a country of laws. Americans, including the President,  can&#8217;t just trample on laws we do not like in the name of expediency and of nebulous talking points as the so called &#8220;war on terror&#8221;</p>
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		<title>By: Fred</title>
		<link>http://informedspeculation.com/2005/12/20/hold-tight-folks-the-water-may-get-rough/comment-page-1/#comment-9405</link>
		<dc:creator>Fred</dc:creator>
		<pubDate>Wed, 21 Dec 2005 06:02:42 +0000</pubDate>
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		<description>I knew it. It&#039;s all Jimmy Carter&#039;s fault:

EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE
EO 12139
23 May 1979

&quot;By the authority vested in me as President by Sections 102 and
104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1802 and 1804), in order to provide as set forth in that Act (this
chapter) for the authorization of electronic surveillance for
foreign intelligence purposes, it is hereby ordered as follows:

1-101. 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, but only if the
Attorney General makes the certifications required by that Section....&quot;

http://www.fas.org/irp/offdocs/eo12139.htm

Note this is an order to acquire &quot;foreign intelligence&quot; with no other limits. It neither limits the surveillance to foreign nationals nor does it limit it geographically. Apparently you acquire &quot;foreign intelligence&quot; from anyone, anywhere.</description>
		<content:encoded><![CDATA[<p>I knew it. It&#8217;s all Jimmy Carter&#8217;s fault:</p>
<p>EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE<br />
EO 12139<br />
23 May 1979</p>
<p>&#8220;By the authority vested in me as President by Sections 102 and<br />
104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.<br />
1802 and 1804), in order to provide as set forth in that Act (this<br />
chapter) for the authorization of electronic surveillance for<br />
foreign intelligence purposes, it is hereby ordered as follows:</p>
<p>1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence<br />
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General<br />
is authorized to approve electronic surveillance to acquire foreign<br />
intelligence information without a court order, but only if the<br />
Attorney General makes the certifications required by that Section&#8230;.&#8221;</p>
<p><a href="http://www.fas.org/irp/offdocs/eo12139.htm" rel="nofollow">http://www.fas.org/irp/offdocs/eo12139.htm</a></p>
<p>Note this is an order to acquire &#8220;foreign intelligence&#8221; with no other limits. It neither limits the surveillance to foreign nationals nor does it limit it geographically. Apparently you acquire &#8220;foreign intelligence&#8221; from anyone, anywhere.</p>
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