General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJust because it's "legal" doesn't mean it's not an abuse of power
http://ozhouse.org/2013/06/12/senator-russ-feingold-correctly-predicted-how-the-patriot-act-would-be-abused/Before there were Senators Ron Wyden and Mark Udall speaking out against the Patriot Act, the FISA Amendments Act and secret interpretations of the law that take away our civil liberties, there was Senator Russ Feingold the only Senator who voted against the Patriot Act at the beginning. At the time, he clearly warned what it would lead to:
"One provision that troubles me a great deal is a provision that permits the government under FISA to compel the production of records from any business regarding any person, if that information is sought in connection with an investigation of terrorism or espionage. Now were not talking here about travel records pertaining to a terrorist suspect, which we all can see can be highly relevant to an investigation of a terrorist plot. FISA already gives the FBI the power to get airline, train, hotel, car rental and other records of a suspect.
But under this bill, the government can compel the disclosure of the personal records of anyone perhaps someone who worked with, or lived next door to, or went to school with, or sat on an airplane with, or has been seen in the company of, or whose phone number was called by the target of the investigation.
And under this new provisions all business records can be compelled, including those containing sensitive personal information like medical records from hospitals or doctors, or educational records, or records of what books someone has taken out of the library. This is an enormous expansion of authority, under a law that provides only minimal judicial supervision.
Under this provision, the government can apparently go on a fishing expedition and collect information on virtually anyone. All it has to allege in order to get an order for these records from the court is that the information is sought for an investigation of international terrorism or clandestine intelligence gathering. Thats it. On that minimal showing in an ex parte application to a secret court, with no showing even that the information is relevant to the investigation, the government can lawfully compel a doctor or hospital to release medical records, or a library to release circulation records. This is a truly breathtaking expansion of police power."
ProSense
(116,464 posts)...would mean the Government is doing something illegal or unethical.
It would be unethical if the government alleged terrorism to get an order, but that means it applies to a specific incident.
In the context of what is being alleged, the action would be illegal. It is illegal to target Americans.
Another misleading media report implies that warrantless wiretapping is legal.
http://www.democraticunderground.com/10023026724
magellan
(13,257 posts)The 1978 FISA stipulated that the primary purpose of the surveillance must be for gathering foreign intelligence. The Patriot Act changed the word primary to significant. That change means that the government can conduct surveillance for purposes other than gathering foreign intelligence, as long as some foreign intelligence gathering is included.
I don't know how anyone could argue that the sweeping domestic surveillance this allows isn't unethical. But then, I'm not invested in protecting a party.
"The 1978 FISA stipulated that the primary purpose of the surveillance must be for gathering foreign intelligence."
...stop spewing nonsense. No one is disputing that the primary purpose is "gathering foreign intelligence." I mean, it's called the "Foreign Intelligence Surveillance Act."
As for your other claim, become familiar with the Act.
Title 1---Electronic Surveillance Within the United States for Foreign Intelligence Purposes
http://www.gpo.gov/fdsys/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf
magellan
(13,257 posts)Was primary. Now only significant. Big legal loophole. But you go right on trying to defend your god when this has nothing to do with personality.
ProSense
(116,464 posts)"But you go right on trying to defend your god when this has nothing to do with personality."
...you forgot the point was about FISA and its original intent. Your bias is showing.
enlightenment
(8,830 posts)Oh, that is RICH.
Aren't you just the sweetest thing.
The change in wording the Patriot Act made to FISA, from the gathering of foreign intelligence being the primary objective of surveillance to it only having to be a significant part, is where the loophole was created and exploited.
Not sure where you think my bias is. Obama didn't create the Patriot Act. I have no doubt the language was loosened by Bush** and the Republicans.
cali
(114,904 posts)Hannah Arendt's phrase, "the banality of evil".
warrior1
(12,325 posts)TalkingDog
(9,001 posts)Laws are deemed Unconstitutional every day.
Screw arguing legality. That's a red herring.
backscatter712
(26,355 posts)These are illegal laws, providing a fig leaf for illegal acts that stand in direct violation of the Fourth Amendment to the Constitution, which is the supreme law of the land. All other laws that contradict the Constitution are invalid.
DCBob
(24,689 posts)Its legal, laws are being followed, where's the abuse of power?
cali
(114,904 posts)you don't think that Jim Crow laws weren't an abuse of power?
DCBob
(24,689 posts)You can't prosecute over something that will be illiegal in the future.
MNBrewer
(8,462 posts)just that
DCBob
(24,689 posts)give me an example?
MNBrewer
(8,462 posts)It's LEGAL abuse of power.
If legal, that is. We don't really know because of all the classified interpretations the government is using to justify its abuses.
Edited to say NOT in the title.
DCBob
(24,689 posts)otherwise its only an opinion.
MNBrewer
(8,462 posts)DCBob
(24,689 posts)if you are saying President Obama is abusing his power.
MNBrewer
(8,462 posts)The president is one piece of it. Congress is complicit as well.
DCBob
(24,689 posts)thanks.
MNBrewer
(8,462 posts)DCBob
(24,689 posts)MNBrewer
(8,462 posts)DCBob
(24,689 posts)MNBrewer
(8,462 posts)truebluegreen
(9,033 posts)because no one knows how they are being applied, they can simultaneously be "legal" (there is a law) and unconstitutional (a bad one).
That is exactly the point in all this, the secrecy.
TalkingDog
(9,001 posts)End of story.
DCBob
(24,689 posts)Cleita
(75,480 posts)keep trying to spin that the Patriot Act is okay after all. It's legal and all is well in the land of ostriches with their heads in the ground.