Sold Out By Our Supposed Representatives!

You have to wonder exactly WHO our elected representatives think they work for. On Friday, June 20th, those same people we elected to represent US, swore to protect and uphold the Constitution, sold us out to big business and that lying piece of shit occupying the White House.

Bipartisan deal moves war funds, FISA

House ends election-year standoff

(Contact) and (Contact)
Friday, June 20, 2008

House Democratic and Republican leaders made election-year concessions on two long-standing national security disputes Thursday, passing a stalled war funding bill and settling a lingering fight on updating the nation’s spy laws.

After more than a year of bickering among Democrats, Republicans and the White House on drafting a new electronic surveillance law, House leaders in both parties Thursday announced a bipartisan agreement to update the 30-year-old Foreign Intelligence Surveillance Act (FISA).

The measure would allow U.S. intelligence agencies to eavesdrop, without court approval, on foreign targets thought to be outside the United States, and provides retroactive immunity to telephone companies that participated in the post-Sept. 11 surveillance program that operated outside court review.

The compromised bill, on which the House is expected to vote Friday, requires companies facing about 40 civil suits to show that the White House ensured the program’s legality with signed orders from the president. Republican leaders said they were convinced the procedure would lead to dismissals of the lawsuits, although senior Democratic staffers familiar with the bill dismissed such rhetoric.

copyright ©2008 The Washington Times, LLC

Read the FULL STORY here.

What’s interesting is that a google search brings up lots of results but none from any of the big corporate mainstream media. Gee, I wonder why? Could it be because they know the people will get all up in arms over this.

And to be clear, the sell out isn’t ONLY on telephone wiretapping, but any and ALL ELECTRONIC communications. That means your internet use, your emails, your text messages, your IMs, your chat rooms. Here’s some snippetts from this “sell-out” revision:

H.R. 6304: FISA Amendments Act of 2008

SEC. 701. DEFINITIONS.

(4) ELECTRONIC COMMUNICATION SERVICE PROVIDER- The term ‘electronic communication service provider’ means—

(A) a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18, United States Code;

(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18, United States Code;

(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored; or

(E) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), or (D).

SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TARGETING UNITED STATES PERSONS OUTSIDE THE UNITED STATES.

(a) Jurisdiction of the Foreign Intelligence Surveillance Court-

(1) IN GENERAL- The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and to enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if the acquisition constitutes electronic surveillance or the acquisition of stored electronic communications or stored electronic data that requires an order under this Act, and such acquisition is conducted within the United States.

(2) LIMITATION- If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States while an order issued pursuant to subsection (c) is in effect. Nothing in this section shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act.

(d) Emergency Authorization

(1) AUTHORITY FOR EMERGENCY AUTHORIZATION- Notwithstanding any other provision of this Act, if the Attorney General reasonably determines that–

(A) an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order authorizing such acquisition can with due diligence be obtained, and

(B) the factual basis for issuance of an order under this subsection to approve such acquisition exists,

the Attorney General may authorize such acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General, or a designee of the Attorney General, at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.

(e) Release From LiabilityNo cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with an order or request for emergency assistance issued pursuant to subsection (c) or (d), respectively.

SEC. 708. SAVINGS PROVISION.

Nothing in this title shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act.

STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED

Sec. 112. (a) Except as provided in subsection (b), the procedures of chapters 119, 121, and 206 of title 18, United States Code, and this Act shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.

(b) Only an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this Act or chapters 119, 121, or 206 of title 18, United States Code, shall constitute an additional exclusive means for the purpose of subsection (a).

SEC. 105. ISSUANCE OF AN ORDER.

(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General–

(A) reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;

(B) reasonably determines that the factual basis for the issuance of an order under this title to approve such electronic surveillance exists;

(C) informs, either personally or through a designee, a judge having jurisdiction under section 103 at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and

(D) makes an application in accordance with this title to a judge having jurisdiction under section 103 as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.

(2) If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4) A denial of the application made under this subsection may be reviewed as provided in section 103.

(5) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES

(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of a physical search if the Attorney General–

(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;

(B) reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists;

(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and

(D) makes an application in accordance with this title to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.

(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

TITLE VIII–PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

SEC. 801. DEFINITIONS.

In this title:

(1) ASSISTANCE- The term ‘assistance’ means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.

(2) CIVIL ACTION- The term ‘civil action’ includes a covered civil action.

(3) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term ‘congressional intelligence committees’ means–

(A) the Select Committee on Intelligence of the Senate; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives.

(4) CONTENTS- The term ‘contents’ has the meaning given that term in section 101(n).

(5) COVERED CIVIL ACTION- The term ‘covered civil action’ means a civil action filed in a Federal or State court that–

(A) alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and

(B) seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.

(6) ELECTRONIC COMMUNICATION SERVICE PROVIDER- The term ‘electronic communication service provider’ means–

(A) a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18, United States Code;

(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18, United States Code;

(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;

(E) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D); or

(F) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).

(7) INTELLIGENCE COMMUNITY- The term ‘intelligence community’ has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

(8) PERSON- The term ‘person’ means–

(A) an electronic communication service provider; or

(B) a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to–

(i) an order of the court established under section 103(a) directing such assistance;

(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; or

(iii) a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110-55), or 702(h).

(9) STATE- The term ‘State’ means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.

SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES.

(a) Requirement for Certification- Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that–

(1) any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance;

(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code;

(3) any assistance by that person was provided pursuant to a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110-55), or 702(h) directing such assistance;

(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was–

(A) in connection with an intelligence activity involving communications that was–

(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and

(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and

(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was–

(i) authorized by the President; and

(ii) determined to be lawful; or

(5) the person did not provide the alleged assistance.

I’m sorry, but given this administration’s track record, and the track record of it’s Attorney General’s office……are we REALLY supposed to trust that the White House and the AG will NOT exaggerate and lie?

If so, I’ve got some great ocean-front property right here in the middle of downtown Phoenix I can sell you, really cheap!

While I’m not always a big fan of the ACLU, which these days seems to be the IICLU (Illegal immigrant civil liberties union), they do occasionally go to battle for the LEGAL American taxpaying citizens:

ACLU Condemns FISA Deal, Declares Surveillance Bill Unconstitutional (6/19/2008)

FOR IMMEDIATE RELEASE
Contact: (202) 675-2312 or media@dcaclu.org

Washington, DC – With news that a surveillance bill may be voted on in the House of Representatives as early as tomorrow, the American Civil Liberties Union sternly warned members against voting for the legislation. House Majority Leader Steny Hoyer (D-MD) has worked closely with the White House and has led the effort to gut the Foreign Intelligence Surveillance Act (FISA) and give the telephone companies what amounts to a pardon for breaking the law.

© ACLU

House Approves Unconstitutional Surveillance Legislation (6/20/2008)

FOR IMMEDIATE RELEASE
Contact: (202) 675-2312 or media@dcaclu.org

Washington, DC – Following a vote in the House of Representatives sanctioning warrantless wiretapping and handing immunity to telecommunications companies for their role in domestic spying, the American Civil Liberties Union expressed outrage at representatives who voted for the unconstitutional legislation. The bill, H.R. 6304, or The FISA Amendments Act of 2008, passed the chamber by a vote of 293-129, and is expected to be voted on in the Senate next week.

The following may be attributed to Caroline Fredrickson, director of the ACLU’s Washington Legislative Office:

“It’s Christmas morning at the White House thanks to this vote. The House just wrapped up some expensive gifts for the administration and their buddies at the phone companies. Watching the House fall to scare tactics and political maneuvering is especially infuriating given the way it stood up to pressure from the president on this same issue just months ago. In March we thought the House leadership had finally grown a backbone by rejecting the Senate’s FISA bill. Now we know they will not stand up for the Constitution.

The following may be attributed to Caroline Fredrickson, director of the ACLU’s Washington Legislative Office:

“Congress is poised to once again pass disastrous surveillance legislation, now upping the ante with a thinly-veiled giveaway to some major campaign donors.

© ACLU

So, what can we do? You ask? Here’s a start:

For more information, go to:
www.aclu.org/fisa

To read the ACLU’s letter on H.R. 6304, go to:
http://www.aclu.org/safefree/general/35735leg20080619.html

To send your representative an email (which you can edit with your own thoughts also) and to find out who they are, use this from an ACLU newsletter I get:

Tell Congress to Reject Spying

Congress is about to let telecom companies off scot-free after they broke the law by supplying mountains of your personal information to the government without a warrant. You can stop this sham spying “compromise” from being rammed through both the Senate and House this week. But you’ve got to move fast.

Tell your members of Congress today to reject this meaningless compromise. Or, read more first.

And just in case you are thinking that you have nothing to worry about, understand just how deceitful this administration has been. Keep in mind how this president considers the Constitution to be nothing more than “a goddamned piece of paper”.

I have nothing to hide either, that doesn’t mean I like being watched, listened in on, spied on. Having nothing to hide does NOT grant you immunity from the government deciding you are NOT as good a person as you think you are.

Freedom isn’t cheap, nor is it risk free. You have to be willing to defend it with your life, otherwise you will find yourself without those freedoms. Freedom is NOT about security or being safe………..freedom IS about not being under the tyrannical control of others.

Fear is the weapon of choice being utilized and over-utilized to subdue to population into a bunch of scared sheep who can’t or won’t see that what is happening is totally illegal AND is the very thing we as Americans claim we fight against in other countries.

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~ by swfreedomlover on June 22, 2008.

5 Responses to “Sold Out By Our Supposed Representatives!”

  1. Obama has now switch to supporting the warrantless spy bill with another flip-flop! How can all those that was hollering impeach Bush for taking their rights now stand with a straight face and vote for Obama?
    http://goodtimepolitics.com/2008/06/22/col-oliver-north-slaps-the-kfc-out-of-barack-obama/

  2. Personally, I don’t understand how any free thinking liberty loving person can vote for ANY of the power elites chosen!

    If Ron Paul is not on the ballot, I’m writing his name in! I’m no longer willing to waste my vote on the lesser of two evils. Neither obama or mcbush are getting my vote; neither was hillary!

  3. I have no problem with the bill

  4. Goody for you! I on the other hand have major problems with it. This president has lied about everything, and all it will take, according to this bill, is the U.S. Attorney General – puppet to the prez – to say yes, it is legal.

    Sorry, but according to MY Constitution, warrantless wiretapping/spying is ILLEGAL!

    And unless this country as changed it’s name to the U.S.S.A. (United Socialist States of America) I consider this bill to be dangerous ground.

  5. Bravo! Excellent post, I’ll be tracking back in my next post!

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