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S.2248
Title: An original bill to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes.
Sponsor: Sen Rockefeller, John D., IV [WV] (introduced 10/26/2007) Cosponsors (None)
Related Bills: H.R.3773, H.R.5440, S.2440, S.2441
Latest Major Action: 2/12/2008 Returned to the Calendar. Calendar No. 512.
Senate Reports: 110-209, 110-258
Note: For further action, see H.R. 3773.
--------------------------------------------------------------------------------
SUMMARY AS OF:
2/12/2008--Passed Senate amended. (There are 3 other summaries)
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - Title I: Foreign Intelligence Surveillance - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for acquiring the communications of certain persons outside the United States.
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States in order to acquire the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with titles I or III of FISA; and (2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and minimization procedures to be followed; and (2) prior to such targeting, a certification by the AG and DNI as to the necessity of such targeting and that appropriate procedures will be followed. Allows the AG and DNI, if immediate targeting is determined to be required, to commence such targeting, but to submit the certification within seven days of such determination. Requires all certifications to be submitted to the Foreign Intelligence Surveillance Court (Court) for review.
Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition; and (2) maintain under security procedures any records concerning such acquisition. Outlines legal procedures with respect to directive challenges, standards for review, enforcement, and appeals. Provides for: (1) judicial review of certifications and targeting and minimization procedures; and (2) review of Court rulings by the Foreign Intelligence Surveillance Court of Review (with certiorari to the Supreme Court). Requires the maintenance and security of records and proceedings with respect to acquisition applications, orders, and determinations.
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and provide review results to the AG, DNI, and intelligence committees. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court, the AG, the DNI, and the intelligence committees.
Provides Court jurisdiction for the targeting of a U.S. person located outside the United States when the acquisition of information is conducted within the United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and to contain certain requirements, including that the target is believed to be a foreign power or agent, officer, or employee of a foreign power. Provides for judicial review of a Court order approving such an acquisition. Makes approval orders effective for 90 days, with authorized 90-day renewals. Allows the AG to authorize an emergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying within seven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search.
Authorizes the: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
(Sec. 102) States that FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
(Sec. 103) Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA, including any such orders issued during the five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.
(Sec. 104) Revises provisions concerning the application for, and issuance of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and (3) applies for a Court order authorizing such surveillance.
(Sec. 107) Provides similar revisions and outlines similar procedures as in sections 104 and 105 above for the emergency employment of physical searches.
(Sec. 108) Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within seven days (current law requires 48 hours) after the emergency installation and use.
(Sec. 109) Authorizes the Court to sit en banc when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.
(Sec. 110) Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction.
Title II: Protections for Electronic Communication Service Providers - (Sec. 202) Prohibits an action against an electronic communication service provider (provider) if the AG certifies to the court involved that the assistance was: (1) in connection with an intelligence activity authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, and designed to prevent a terrorist attack or related activities against the United States; and (2) described in a written request or directive from the AG or head of an IC element to the provider indicating that the activity was authorized by the President and determined to be lawful. Subjects AG certifications to review for abuse of discretion. Requires the court involved to review in camera and ex parte a declaration by the AG that disclosure of a certification would harm national security.
(Sec. 203) Provides a similar prohibition and certification requirements as above in the case of actions against individuals other than providers furnishing requested assistance to an IC element.
(Sec. 204) Prohibits a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.
Title III: Other Provisions - (Sec. 301) Provides severability protections for this Act and its amendments.
(Sec. 302) Repeals FISA provisions made inconsistent by provisions of this Act. Outlines transition procedures.
Now...I'm off to read the original FISA from 1978 (cut me some slack, I was 21 and getting a divorce from my alcoholic, first husband).
http://thomas.loc.gov
Title: An original bill to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes.
Sponsor: Sen Rockefeller, John D., IV [WV] (introduced 10/26/2007) Cosponsors (None)
Related Bills: H.R.3773, H.R.5440, S.2440, S.2441
Latest Major Action: 2/12/2008 Returned to the Calendar. Calendar No. 512.
Senate Reports: 110-209, 110-258
Note: For further action, see H.R. 3773.
--------------------------------------------------------------------------------
SUMMARY AS OF:
2/12/2008--Passed Senate amended. (There are 3 other summaries)
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - Title I: Foreign Intelligence Surveillance - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for acquiring the communications of certain persons outside the United States.
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States in order to acquire the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with titles I or III of FISA; and (2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and minimization procedures to be followed; and (2) prior to such targeting, a certification by the AG and DNI as to the necessity of such targeting and that appropriate procedures will be followed. Allows the AG and DNI, if immediate targeting is determined to be required, to commence such targeting, but to submit the certification within seven days of such determination. Requires all certifications to be submitted to the Foreign Intelligence Surveillance Court (Court) for review.
Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition; and (2) maintain under security procedures any records concerning such acquisition. Outlines legal procedures with respect to directive challenges, standards for review, enforcement, and appeals. Provides for: (1) judicial review of certifications and targeting and minimization procedures; and (2) review of Court rulings by the Foreign Intelligence Surveillance Court of Review (with certiorari to the Supreme Court). Requires the maintenance and security of records and proceedings with respect to acquisition applications, orders, and determinations.
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and provide review results to the AG, DNI, and intelligence committees. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court, the AG, the DNI, and the intelligence committees.
Provides Court jurisdiction for the targeting of a U.S. person located outside the United States when the acquisition of information is conducted within the United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and to contain certain requirements, including that the target is believed to be a foreign power or agent, officer, or employee of a foreign power. Provides for judicial review of a Court order approving such an acquisition. Makes approval orders effective for 90 days, with authorized 90-day renewals. Allows the AG to authorize an emergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying within seven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search.
Authorizes the: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
(Sec. 102) States that FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
(Sec. 103) Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA, including any such orders issued during the five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.
(Sec. 104) Revises provisions concerning the application for, and issuance of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and (3) applies for a Court order authorizing such surveillance.
(Sec. 107) Provides similar revisions and outlines similar procedures as in sections 104 and 105 above for the emergency employment of physical searches.
(Sec. 108) Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within seven days (current law requires 48 hours) after the emergency installation and use.
(Sec. 109) Authorizes the Court to sit en banc when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.
(Sec. 110) Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction.
Title II: Protections for Electronic Communication Service Providers - (Sec. 202) Prohibits an action against an electronic communication service provider (provider) if the AG certifies to the court involved that the assistance was: (1) in connection with an intelligence activity authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, and designed to prevent a terrorist attack or related activities against the United States; and (2) described in a written request or directive from the AG or head of an IC element to the provider indicating that the activity was authorized by the President and determined to be lawful. Subjects AG certifications to review for abuse of discretion. Requires the court involved to review in camera and ex parte a declaration by the AG that disclosure of a certification would harm national security.
(Sec. 203) Provides a similar prohibition and certification requirements as above in the case of actions against individuals other than providers furnishing requested assistance to an IC element.
(Sec. 204) Prohibits a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.
Title III: Other Provisions - (Sec. 301) Provides severability protections for this Act and its amendments.
(Sec. 302) Repeals FISA provisions made inconsistent by provisions of this Act. Outlines transition procedures.
Now...I'm off to read the original FISA from 1978 (cut me some slack, I was 21 and getting a divorce from my alcoholic, first husband).
http://thomas.loc.gov
"We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution." (Abraham Lincoln, 1809-65)
Poll Date Sample Obama McCain
RCP Average 06/02 - 06/11 -- 46.8 42.5
Hotline/FD 06/05 - 06/08 806 RV 44 42
NBC/WSJ 06/06 - 06/09 1000 RV 47 41
Rasmussen 06/09 - 06/11 3000 LV 50 44
Gallup 06/08 - 06/10 2679 RV 48 42
IBD/TIPP 06/02 - 06/08 916 RV 43 40
CNN 06/04 - 06/05 921 RV 49 46
Obama is overwhelmingly winning in all of the major polls.
From Real Clear Politics 13 June 2008
RCP Average 06/02 - 06/11 -- 46.8 42.5
Hotline/FD 06/05 - 06/08 806 RV 44 42
NBC/WSJ 06/06 - 06/09 1000 RV 47 41
Rasmussen 06/09 - 06/11 3000 LV 50 44
Gallup 06/08 - 06/10 2679 RV 48 42
IBD/TIPP 06/02 - 06/08 916 RV 43 40
CNN 06/04 - 06/05 921 RV 49 46
Obama is overwhelmingly winning in all of the major polls.
From Real Clear Politics 13 June 2008
Republic vs. Democracy Rule by Law vs. Rule by Majority Just after the completion and signing of the Constitution, in reply to a woman's inquiry as to the type of government the Founders had created, Benjamin Franklin said, "A Republic, if you can keep it." Not only have we failed to keep it, most don't even know what it is. A Republic is representative government ruled by law (the Constitution). A democracy is direct government ruled by the majority (the popular vote). A Republic recognizes the inalienable rights of individuals while democracies are only concerned with group wants or needs (the public good). Lawmaking is a slow, deliberate process in our Constitutional Republic requiring approval from the three branches of government, the Supreme Court and individual jurors (jury-nullification). Lawmaking in our unlawful democracy occurs rapidly requiring approval from the whim of the majority as determined by polls and/or voter referendums. A good example of democracy in action is a lynch mob. A more recent example was the failure of the US Senate to uphold their oath "to do impartial justice" and remove Bill Clinton from office. Those Senators should be removed themselves, for failure to uphold their oath and for aiding and abetting a known criminal. Democracies always self-destruct when the nonproductive majority realizes that it can vote itself handouts from the productive minority by electing the candidate promising the most benefits from the public treasury. To maintain their power, these candidates must adopt an ever-increasing tax and spend policy to satisfy the ever-increasing desires of the majority. As taxes increase, incentive to produce decreases, causing many of the once productive to drop out and join the nonproductive. When there are no longer enough producers to fund the legitimate functions of government and the socialist programs, the democracy will collapse, always to be followed by a Dictatorship. Even though nearly every politician, teacher, journalist and citizen believes that our Founders created a democracy, it is absolutely not true. The Founders knew full well the differences between a Republic and a Democracy and they repeatedly and emphatically said that they had founded a republic. Article IV Section 4, of the Constitution "guarantees to every state in this union a Republican form of government".... Conversely, the word Democracy is not mentioned even once in the Constitution. Madison warned us of the dangers of democracies with these words, "Democracies have ever been spectacles of turbulence and contention; have ever been found compatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths...", "We may define a republic to be ... a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure for a limited period, or during good behavior. It is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppression by a delegation of their powers, might aspire to the rank of republicans and claim for their government the honorable title of republic." James Madison, Federalist No. 10, (1787) "A wise man will not leave the right to the mercy of chance, nor wish it to prevail through the power of the majority. There is but little virtue in the action of masses of men." Henry David Thoreau (1817-1862) Our military training manuals used to contain the correct definitions of Democracy and Republic. The following comes from Training Manual No. 2000-25 published by the War Department, November 30, 1928. DEMOCRACY: A government of the masses. Authority derived through mass meeting or any other form of "direct" expression. Results in mobocracy. Attitude toward property is communistic--negating property rights. Attitude toward law is that the will of the majority shall regulate, whether is be based upon deliberation or governed by passion, prejudice, and impulse, without restraint or regard to consequences. Results in demogog(ism), license, agitation, discontent, anarchy. REPUBLIC: Authority is derived through the election by the people of public officials best fitted to represent them. Attitude toward law is the administration of justice in accord with fixed principles and established evidence, with a strict regard to consequences. A greater number of citizens and extent of territory may be brought within its compass. Avoids the dangerous extreme of either tyranny or mobocracy. Results in statesmanship, liberty, reason, justice, contentment, and progress. Is the "standard form" of government throughout the world. We, my friends, are governed by a republic. This allows, and demands, that we voice our opinions, choices and desires through our elected officials. Please, make your voices heard. Contact your elected officials (it's as easy as opening your phone book or Googling their site. We have the responsiblity and the right to demand copies of bills from our legislators (yes, they're free to any who wish to request and read them), call their offices and let them know what we want them to vote for, against or make a stand on. MAKE YOU VOICE HEARD! It is imperative that the American public no longer be apathetic because "he/she is not MY candidate", "I have no voice (YOU DO)", "I'm stuck voting for the lesser of two evils (NO political figure has gotten there without playing the "Washington. Bi-camaral party game", this may sound cynical, but it is the truth) or whatever excuse you may wish to use. Please, take the time to research your candidate, who has the basic beliefs you have? It is time we no longer vote on name recognition and lack of knowledge. Arm yourselves with all the information available to you (not the media, but voting records, biographies of candidates, speaking to constiuants (if the candidate holds office currently), etc. There are a multitude of web sites offering a great deal of information on each of our political representatives. Utilize your computer to it's fullest. Suggested readings are: The Federalist Papers, Founding Brothers: The Revolutionary Generation, Infamous Scribblers: The Founding Fathers and the Rowdy Beginnings, and a myriad of others. We, as Americans, need to take back our country. To do so, we must educate ourselves and make the most knowledgeable choice(s) we can. Democrats unite....bring the White House home.
Polls have been being released right and left, spun by the media to keep the money train rolling and extract that money from advertisers. Don't be fooled by those that say HRC is the choice of those polled for the position of Vice President. First, these polls are a very small sampling of a very large group of people and I have yet to speak with a person who has been polled or wants HRC for VP. Second, polls can be skewed (mainly by the media outlets) to reflect what will behoove their corporations to keep the money flowing from advertisers. Just like the lobbyists, they spin and continue to barrage us with untruths. No, I don't believe it is some form of conspiracy, I believe it is corporate America at it's worst, greed and the search for numbers (who has the most people watching their network). If Senator Obama decides to make HRC his running mate, I will support his choice, though not with pleasure. He is my President and I did choose him to lead our country back to the strong, proud, united power it has been and will be again. He and HRC are opposite ends of the spectrum: He being honest, ethical, and the choice for change; she being dishonest, unethical, manipulative, and the voice of rhetoric (changing her ideaologies and platform for the geographical area or group of the moment and a complete, well versed Washington insider. Lest we forget, the Clintons (while able to delay the trial) are in a civil suit for FRAUD. Need I say more? Please research for yourself, do not let the media spin doctors make your decisions for you. We have fought too hard to get Senator Obama in the position of Democratic Presidential Nominee. We must continue the fight for him, our party and our country. OBAMA 08!
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