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ForumsDiscussion Forum → Is FISA really constitutional?
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Is FISA really constitutional?
2008-07-10, 11:18 AM #41
Originally posted by Rob:
Guys you're trying to argue with onimushulala and wookie...


It's called "discussion". Sometimes it happens on internet.
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

2008-07-10, 1:12 PM #42
Originally posted by Wookie06:
That's why I said "in good faith". You have federal agents ordering telecoms to perform certain wiretaps under FISA and/or FISA court warrants. Suing or prosecuting them for cooperation would be like suing your mother because she let cops claiming to have a warrant search your belongings.
Are you alleging that federal agents presented the companies with forged warrant documents? Where are these documents? Companies could easily prove their innocence by presenting such evidence. In fact, the original FISA already had provisions providing immunity for telecoms acting in good faith. If they were acting in good faith, they'd already have been provided with immunity, they wouldn't need to ask Congress for additional immunity.

Telecoms like AT&T and Verizon are more familiar with the law than anyone. There's no way any phone company in their position would think that what they were asked to do was legal. They aren't amateurs--they have sophisticated legal departments to analyze their decisions.

Let them defend their innocence in court like the rest of us have to do when we are accused of a crime.
2008-07-10, 2:46 PM #43
I phrased it in that manner because I haven't reviewed the law in a couple years. I believe that FISA gives agents the authority to seek wiretaps without a warrant when there is an urgent need. They then retroactively seek the warrant. Also, since the FISA courts actions are secret it can muddy the issue.

I thought I read in previous links in this thread that the new FISA bill provides amnesty from civil suit and not criminal prosecution. In which case, I'm not sure what your problem is. edit - I may be "mis-remembering" something else but this was in an earlier post:
Quote:
The latest revised bill does not grant blanket immunity to telcos -- something Obama did clearly say he opposed. Instead, it gives the FISA court -- a US district court in special session -- a means to grant immunity to a "person" if it can be proven that the "person" was under the impression that "he" was authorized to cooperate by the President or DOJ. The current compromise language compels the FISA court to make such a grant.
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

2008-07-11, 11:50 AM #44
Originally posted by Wookie06:
It's called "discussion". Sometimes it happens on internet.



Discussion with you is like basically impossible as it is very difficult to talk to a piece of wood with the knot cut out of it.
2008-07-11, 12:43 PM #45
Anyones argument is pretty much invalid, right or wrong, once they resort to personal attacks.
"They're everywhere, the little harlots."
-Martyn
2008-07-11, 2:09 PM #46
What you meant to say was "Anyone's argument is pretty much invalid, right or wrong, if they are Rob."
2008-07-11, 2:21 PM #47
Obama replied to my e-mail:

Quote:
Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. There is also little doubt that the Bush Administration, with the cooperation of major telecommunications companies, has abused that authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders.

That is why last year I opposed the so-called Protect America Act, which expanded the surveillance powers of the government without sufficient independent oversight to protect the privacy and civil liberties of innocent Americans. I have also opposed the granting of retroactive immunity to those who were allegedly complicit in acts of illegal spying in the past.

After months of negotiation, the House passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act. Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance - making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future.

It does, however, grant retroactive immunity, and I voted in the Senate three times to remove this provision so that we could seek full accountability for past offenses. Unfortunately, these attempts were unsuccessful. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.

It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives - and the liberty - of the American people.
ᵗʰᵉᵇˢᵍ๒ᵍᵐᵃᶥᶫ∙ᶜᵒᵐ
ᴸᶥᵛᵉ ᴼᵑ ᴬᵈᵃᵐ
2008-07-11, 2:47 PM #48
What grave threats?
2008-07-11, 4:16 PM #49
Originally posted by JediKirby:
"Obama" replied to "my e-mail":


Not really trying to take anything away from your post. Just emphasizing, probably unnecessarily, that it is obviously the generic campaign response to the criticism.

Originally posted by Anovis:
What grave threats?


Same mentality that left us so vulnerable at the turn of the millennia.
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

2008-07-12, 12:00 AM #50
Originally posted by Wookie06:
Same mentality that left us so vulnerable at the turn of the millennia.


I find it interesting the so called "terrorist" has achieved their objective, you being proof of the matter. My mentality aside, as it has remained through the "attacks", no one can prevent terrorism, as much as no one can prevent a fly from entering their homes in the midst of summer. Terrorism happens. And I believe, for one, that no man or woman should waiver so much in it as most Americans have.

It's foolish to not look out, seeking the trouble before it strikes, yes, but it is as much foolish to throw everything you got and exert ones self, or a nation, at something you know not when to prevent.
2008-07-12, 12:22 AM #51
Originally posted by Anovis:
And I believe, for one, that no man or woman should waiver so much in it as most Americans have.


:D

Quote:
3. Permission for a professional athletic club to assign a player to the minor leagues or release a player from the club, granted only after all other clubs have been given the opportunity to claim the player and have not done so.
Also, I can kill you with my brain.
2008-07-12, 7:47 AM #52
Originally posted by Dormouse:
:D


:eng101:
2008-07-12, 8:50 AM #53
Sorry that I disagree that an aggressive policy to prevent terrorism and combat terrorists is "wavering". However, unless people are satisfied that the core topic of this thread is finished, I don't think this should be turned into yet another "war on terror" thread.
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

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