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marmar

(77,090 posts)
Fri Jun 21, 2013, 07:45 AM Jun 2013

Indefinite Surveillance: Say Hello to the National Defense Authorization Act of 2014


Indefinite Surveillance: Say Hello to the National Defense Authorization Act of 2014

Tuesday, 18 June 2013 19:42
By Stephen Benavides, Truthout | News Analysis


Passed in 1978, the Foreign Intelligence Surveillance Act (FISA) set the groundwork for surveillance, collection, and analysis of intelligence gathered from foreign powers and agents of foreign powers, up to and including any individual residing within the U.S., who were suspected of involvement in potential terrorist activity. On October 26, 2001, a little over a month after 9/11, President George W. Bush signed the USA Patriot Act into law. Two provisions, Sec. 206, permitting government to obtain secret court orders allowing roving wiretaps without requiring identification of the person, organization, or facility to be surveyed, and Sec. 215 authorizing government to access and obtain “any tangible thing” relevant to a terrorist investigation, transformed foreign intelligence into domestic intelligence.

NDAA 2014 builds on the powers granted by both the Patriot Act and FISA by allowing unrestricted analysis and research of captured records pertaining to any organization or individual “now or once hostile to the United States”. Under the Patriot Act, the ability to obtain “any tangible thing” eliminated any expectation of privacy. Under NDAA 2014 Sec. 1061(g)(1), an overly vague definition of captured records enhances government power and guarantees indefinite surveillance.

On May 22, 2013 the Subcommittee on Intelligence, Emerging Threats and Capabilities, one of several Armed Services Committees, met to discuss the National Defense Authorization Act (NDAA) for Fiscal Year 2014. The main subject of the hearing was Sec. 1061, otherwise known as Enhancement of Capacity of the United States Government to Analyze Captured Records. This enhancement provision of NDAA 2014 would effectively create a new intelligence agency, one with the authority to analyze information gained under the Patriot Act, FISA, and known spying programs such as PRISM.

Sec. 1061(a) authorizes the Secretary of Defense to "establish a center to be known as the 'Conflict Records Research Center'" (Center). The main purpose of the center, according to the bill text, is to create a "digital research database," one with the capability to "translate" and facilitate research on "records captured from countries, organizations and individuals, now or once hostile to the United States." The authorization also says the Center will conduct research and analysis to "increase the understanding of factors related to international relations, counterterrorism and conventional and unconventional warfare, and ultimately, enhance national security." .....................(more)

The complete piece is at: http://truth-out.org/news/item/17070-indefinite-surveillance-say-hello-to-the-national-defense-authorization-act-of-2014



22 replies = new reply since forum marked as read
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Indefinite Surveillance: Say Hello to the National Defense Authorization Act of 2014 (Original Post) marmar Jun 2013 OP
Yet another hate-filled racist. nt Bonobo Jun 2013 #1
K&R Solly Mack Jun 2013 #2
" now or once hostile to the United States" n2doc Jun 2013 #3
How can you leave off American Indians? nm rhett o rick Jun 2013 #8
My bad n/t n2doc Jun 2013 #9
This is almost too much to take in. I think TPTB have all the snappyturtle Jun 2013 #4
There are spies on here right now among us.... ReRe Jun 2013 #12
Agreed. AnotherMcIntosh Jun 2013 #15
du rec. xchrom Jun 2013 #5
So, If Some Oppose The President In Supporting This .... cantbeserious Jun 2013 #6
Passed in 1978, the Foreign Intelligence Surveillance Act (FISA) BumRushDaShow Jun 2013 #7
It was not this. nadinbrzezinski Jun 2013 #13
Carter, a generally decent man, was a neo-liberal. He began de-regulation before Reagan. AnotherMcIntosh Jun 2013 #16
That sums him up to a tee. He got rid of the ICC and air travel has deteriorated since. Look at his byeya Jun 2013 #20
The message I am getting is that it's too late. The noose has already been placed rhett o rick Jun 2013 #10
Yup...it's time to hang our hat. nadinbrzezinski Jun 2013 #14
Yay, USA! USA! USA! jsr Jun 2013 #11
"allowing roving wiretaps without requiring identification of the person, organization, or facility" AnotherMcIntosh Jun 2013 #17
Say good bye to another right SmittynMo Jun 2013 #18
It's always been legal MNBrewer Jun 2013 #19
Spurious defense of this IDemo Jun 2013 #21
Information is power felix_numinous Jun 2013 #22

n2doc

(47,953 posts)
3. " now or once hostile to the United States"
Fri Jun 21, 2013, 08:26 AM
Jun 2013

Last edited Fri Jun 21, 2013, 09:38 AM - Edit history (1)

Well by that criterion, they are free to spy on:
England
Canada
Spain
The Philippines
Japan, Italy, Germany
Mexico
Russia and all former eastern block countries
China
And all the former confederate states

I'm sure I'm missing a few others, and I'm also sure that the definition can be stretched to fit any state.

On edit, add to the list:

Native Americans

Southeast Asia

N. Korea, Cuba

Venezuela, Bolivia, oh hell just put all of South America on the list too.

All former British Colonies

All former Spanish Colonies

Libya, Egypt, All of the middle east except possibly Israel (sort of a frenemy at times, though)

snappyturtle

(14,656 posts)
4. This is almost too much to take in. I think TPTB have all the
Fri Jun 21, 2013, 08:36 AM
Jun 2013

bases covered. God help anyone netted under NSA, FISA,or NDAA.
They can twist the provisions under these to end freedom as we
used to know it. If the truth be known DUers could probably be
considered 'hostile' as well as those on the streets peacefully
demonstrating. We're cooked. imho

The NDAA 2014 enhancement provision extends and consolidates the government's authority to further gather and analyze records and data captured during any national security or terrorist related investigation, not just combat operations. But it does so without creating any explicit restriction against violating an individual's right to privacy, conducting unwarranted searches and seizures, or violating due process for individuals as guaranteed by the Constitution. That's eerily similar to the NDAA 2013 Sec. 1021, which codified the indefinite military detention of American citizens without requiring they be charged with a specific crime or given a trial. Under NDAA 2013, Sec. 1021 allowed the military detention of civilians without a writ of habeas corpus, when a person "was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces." Under NDAA 2014, anyone is now subject to surveillance, not based on support of al-Qaeda or its associated forces, but based merely upon whether or not an individual is, or once was hostile to the U.S. The question of what constitutes “hostility”, is left completely unanswered.


(Underlining mine)

ReRe

(10,597 posts)
12. There are spies on here right now among us....
Fri Jun 21, 2013, 09:55 AM
Jun 2013

... I have no doubt. I have read so much this week, so I can't remember exactly where it was, but it stated that there would be NSA folks on websites (like DU). (If anyone can remember where I read that, please speak up. No doubt someone else read it too.)

Yip, this NDAA takes us back to before the Magna Carta.

BumRushDaShow

(129,447 posts)
7. Passed in 1978, the Foreign Intelligence Surveillance Act (FISA)
Fri Jun 21, 2013, 09:04 AM
Jun 2013

was signed by President James Earl Carter, Jr.

Imagine that.

 

nadinbrzezinski

(154,021 posts)
13. It was not this.
Fri Jun 21, 2013, 09:58 AM
Jun 2013

What carter signed was designed to stop this and a recommendation of the Church and Pike committees.

Over the decades, and especially since 2001 it was defanged from protections of Americans and transformed into a tool of the totalitarian state.

 

byeya

(2,842 posts)
20. That sums him up to a tee. He got rid of the ICC and air travel has deteriorated since. Look at his
Fri Jun 21, 2013, 10:51 AM
Jun 2013

cabinent, it's similar to Ford's or the first Bush's.
Too many people look at Jimmy The Good for his post-presidency good works(some of them are good anyway) and forget he turned his back on building the Democratic Party and was against most things progresive.
I am glad I voted for Jesse Jackson in the first primary and voted for Jesse Jackson in the primary after Carter's forst term.

 

rhett o rick

(55,981 posts)
10. The message I am getting is that it's too late. The noose has already been placed
Fri Jun 21, 2013, 09:22 AM
Jun 2013

and is tightening.

 

AnotherMcIntosh

(11,064 posts)
17. "allowing roving wiretaps without requiring identification of the person, organization, or facility"
Fri Jun 21, 2013, 10:24 AM
Jun 2013
"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."

SmittynMo

(3,544 posts)
18. Say good bye to another right
Fri Jun 21, 2013, 10:25 AM
Jun 2013

This country is going beserk. Nothing is private anymore. Every year, something else is taken from us that we once had. Privacy!!!! Thanks Bush. Thanks Obama. Has anyone noticed we're going backwards, not forward? So much for the laws and the constitution!!! We keep abusing both.

I can't imagine what this country will look like, 50-100 years from now.

IDemo

(16,926 posts)
21. Spurious defense of this
Fri Jun 21, 2013, 11:04 AM
Jun 2013

1 - No one here is a constitutional scholar and therefore cannot begin to understand the bill.

2 - Failing to support this will only reveal you as a Paula Deen sympathizer.

3 - Jeb Bush, Rand Paul.

4 - Hillary!!11!!

5 - Link: http://www.sourcewatch.org/index.php?title=Spurious_argument

felix_numinous

(5,198 posts)
22. Information is power
Fri Jun 21, 2013, 03:41 PM
Jun 2013

-open access is the holy grail. I am beginning to wonder if civics was a fairy tale told to us as little children.

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