GunnyFreedom
12-11-2014, 06:18 AM
h/t http://www.ronpaulforums.com/showthread.php?464622-Something-Rather-Alarming-On-Amash-s-FB-Page
Congressman Justin Amash via jeffro97 at RonPaulForums
SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED COMMUNICATIONS.
(a) Definitions- In this section:
(1) COVERED COMMUNICATION- The term ‘covered communication’ means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage.
ANY nonpublic communication including everything on the Internet or on private servers not on the internet, or on private or commercial computers everywhere, without your consent.
(2) HEAD OF AN ELEMENT OF THE INTELLIGENCE COMMUNITY- The term ‘head of an element of the intelligence community’ means, as appropriate--
(A) the head of an element of the intelligence community; or
(B) the head of the department or agency containing such element.
(3) UNITED STATES PERSON- The term ‘United States person’ has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) (b) Procedures for Covered Communications-
(1) REQUIREMENT TO ADOPT- Not later than 2 years after the date of the enactment of this Act each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3).
(2) COORDINATION AND APPROVAL- The procedures required by paragraph (1) shall be--
(A) prepared in coordination with the Director of National Intelligence; and
(B) approved by the Attorney General prior to issuance.
(3) PROCEDURES-
(A) APPLICATION- The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B).
Intelligence apparently includes domestic police activity section (ii) retention by law enforcement agency. This basically means the databases will fall under the command of the DHS Fusion Centers, now with a wide net to collect "everything" and do complex analysis and data-mining for criminals, traitors, and thought-criminals.
(B) LIMITATION ON RETENTION- A covered communication shall not be retained in excess of 5 years, unless--
(i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence;
(ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency;
All that 'Constitution' stuff notwithstanding, that whole "not authorized by court order" will be retained for the rest of time if we think there might be a crime in there somewhere.
To me this means that whatever they are calling "Carnivore" nowadays will be piped through the DHS and node out to the Fusion Centers. Then law enforcement will have access to all that crazy NSA wiretapping stuff. Forget breaking into our phones...
(iii) the communication is enciphered or reasonably believed to have a secret meaning;
We will keep it forever if it's at all encrypted, you know, just because. Even if we think you might be speaking in dog-whistles, we will keep that blog comment FOREVER in your permanent file, buddy.
(iv) all parties to the communication are reasonably believed to be non-United States persons;
(v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause;
lmao @ imminent threat after 5 years :rolleyes:
(vi) retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or
This actually makes any 'conditions' on retention meaningless. Some guy in a hovel says "comply" with a new records-keeping standard and now they are 20.
(vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing--
(I) the reasons extended retention is necessary to protect the national security of the United States;
lmao @ "we will just keep them longer than 5 years if we want to anyway" haha so why even bother to list conditions? ffs
It's fer National Security! Secure the Homeland, every mundane citizen duck and cover while we come around and count your money and test your toilets for drugs.
(II) the duration for which the head of the element is authorizing retention;
(III) the particular information to be retained; and
(IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States.
gg
h
h
Lord have mercy. Are y'all seeing what I am seeing in this bill?
Congressman Justin Amash via jeffro97 at RonPaulForums
SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED COMMUNICATIONS.
(a) Definitions- In this section:
(1) COVERED COMMUNICATION- The term ‘covered communication’ means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage.
ANY nonpublic communication including everything on the Internet or on private servers not on the internet, or on private or commercial computers everywhere, without your consent.
(2) HEAD OF AN ELEMENT OF THE INTELLIGENCE COMMUNITY- The term ‘head of an element of the intelligence community’ means, as appropriate--
(A) the head of an element of the intelligence community; or
(B) the head of the department or agency containing such element.
(3) UNITED STATES PERSON- The term ‘United States person’ has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) (b) Procedures for Covered Communications-
(1) REQUIREMENT TO ADOPT- Not later than 2 years after the date of the enactment of this Act each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3).
(2) COORDINATION AND APPROVAL- The procedures required by paragraph (1) shall be--
(A) prepared in coordination with the Director of National Intelligence; and
(B) approved by the Attorney General prior to issuance.
(3) PROCEDURES-
(A) APPLICATION- The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B).
Intelligence apparently includes domestic police activity section (ii) retention by law enforcement agency. This basically means the databases will fall under the command of the DHS Fusion Centers, now with a wide net to collect "everything" and do complex analysis and data-mining for criminals, traitors, and thought-criminals.
(B) LIMITATION ON RETENTION- A covered communication shall not be retained in excess of 5 years, unless--
(i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence;
(ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency;
All that 'Constitution' stuff notwithstanding, that whole "not authorized by court order" will be retained for the rest of time if we think there might be a crime in there somewhere.
To me this means that whatever they are calling "Carnivore" nowadays will be piped through the DHS and node out to the Fusion Centers. Then law enforcement will have access to all that crazy NSA wiretapping stuff. Forget breaking into our phones...
(iii) the communication is enciphered or reasonably believed to have a secret meaning;
We will keep it forever if it's at all encrypted, you know, just because. Even if we think you might be speaking in dog-whistles, we will keep that blog comment FOREVER in your permanent file, buddy.
(iv) all parties to the communication are reasonably believed to be non-United States persons;
(v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause;
lmao @ imminent threat after 5 years :rolleyes:
(vi) retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or
This actually makes any 'conditions' on retention meaningless. Some guy in a hovel says "comply" with a new records-keeping standard and now they are 20.
(vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing--
(I) the reasons extended retention is necessary to protect the national security of the United States;
lmao @ "we will just keep them longer than 5 years if we want to anyway" haha so why even bother to list conditions? ffs
It's fer National Security! Secure the Homeland, every mundane citizen duck and cover while we come around and count your money and test your toilets for drugs.
(II) the duration for which the head of the element is authorizing retention;
(III) the particular information to be retained; and
(IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States.
gg
h
h
Lord have mercy. Are y'all seeing what I am seeing in this bill?