Getting comfortable with the domestic spying that's already been going on for years

the wapo comments on the proposed fisa "update..."

note the operative phrase in the snippet below...

[The revision to FISA] would go far beyond the administration's previously revealed warrantless wiretapping program, which, we are told, has now been put under court supervision.

didja catch it...? that's right... "we are told..."

and, ok, it ain't really an update, but a sweeping expansion of powers already proscribed under amendment 4 of the u.s. constitution......

The Bush administration, however, is seeking far broader changes in the law -- on which we would urge Congress to proceed with extreme caution. The administration says that it simply wants to modernize the law to make it "technologically neutral," applying equally to communications that take place through the air and by wire. Sounds sensible, but the administration proposes to deal with that problem in a way that could dangerously expand the scope of surveillance that the government could engage in free from court oversight.

oh, and then there's this...

The administration's proposal ... has no requirement that the person at the other end of the communication be a suspected terrorist.

what they're doing seems perfectly obvious to me... for some time, probably on the order of many years, the government has been conducting comprehensive "sniffing" programs via massively powerful computer systems and software that sweep through every byte of digital, voice, and video communication and all electronic transactions that are conducted in or routed through u.s. pipes... the "sniffing" software is programmed to detect certain words or patterns of words and certain code strings... if any of those appear, the communication, the source and the destination are grabbed and kicked out for further analysis...

the changes to fisa, as i see it, are intended to accomplish two things... one, they are trying to put their already-operational activities on at least a semi-legal footing... two, they are softening both congressional and public opinion to its existence, "prepping" us, as it were, for more to come...

for a number of years now, i've simply made the assumption that anything i do electronically through any kind of public or private network outside of my immediate control is available for government "sniffing," and i make that assumption whether i am inside or outside the country...

and, as i posted the other day, if there was every any doubt that mike mcconnell is one of the pod people, saying this should clear things up...

"Sir, the president's authority under Article II is in the Constitution," McConnell said. "So if the president chose to exercise Article II authority, that would be the president's call."

translation: bush is the commander in chief and the head of the unitary executive and, in time of war, is required to decide what is in the best interest of the national security of the united states even if violates part of the u.s. constitution...

so, class, for review... article II, sections 1, 2 and 4, and amendment 4...

Article. II. - The Executive Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected...

[...]

Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

Section 4 - Disqualification

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Submit To Propeller
Tweet