QUOTE (Conquistador @ Jun 26 2008, 2:07 am)

cinzia, one problem may be that you're relying solely on Salon.com for your information. The original FISA legislation says that for warantless wiretapping there has to be "no substantial likelihood" that a US person's communication will come under surveillance (within the US). These are known as minimization requirements:
The Protect America Act of 2007 authorizes warantless wiretapping without FISA supervision for communications beginning or ending in a foreign country, but with the wiretapping directed at the person outside of the US. Also, the 2008 FISA amendments specifically require a warrant to wiretap an American who is outside of the US.
Point is, Salon is inaccurate in saying the 2008 updates will allow something that already became law in 2007, or that anything has changed with regards to US persons' rights- once again, US persons cannot be the surveillance target without a warrant, which was the idea behind the 1978 FISA legislation. You are, as a US person, still legally protected from being the target of a warantless wiretap.
Well, Slate.com and Salon.com are not the same website. Since Glenn Greenwald of Salon is the most articulate, knowledgeable, and passionate writer on these issues, and has been writing volumes about the subject online, you won't get far on anyone else's website before they link Greenwald.
It's not true anymore that a US person cannot be the surveillance target without a warrant.
QUOTE (cinzia @ Jun 26 2008, 1:33 am)

Provided that the "target" of the surveillance is reasonably believed to be abroad, the NSA can intercept a massive volume of communications, which might, however incidentally, include yours. When authorities want to target purely domestic communications, they still have to apply for a warrant from the FISA court (albeit only after a weeklong grace period of warrantless surveillance). But where communications between the United States and another country are concerned, the secret court is relegated to a vestigial role, consulted on the soundness of the "targeting procedures," but not on the legitimacy of the targets themselves.
(excerpt from the Slate.com quote I already used)
I guess as long as I only communicate with my mom in Wisconsin, they can only wiretap me for a week before getting a warrant. But as soon as I try to communicate with my sister in Canada, or you, Conquistador, I can be wiretapped without warrant, and the court can only review how sound the targeting procedures are.
Seems to me that if the feds want to target me in the US, they just have to wiretap me for a week without a warrant, find someone abroad that I regularly communicate with, make THEM the "target," and listen away. No?
I realize that most people on this thread aren't really interested in the details of FISA, so I won't belabor the debate. Also that not everyone is as shocked as I am that so many Democrats, as well as so many Republicans, are going along with this legislation. It's just that for me, it's definitive evidence that the Democrats aren't willing to meaningfully oppose a weak Administration on basic constitutional rights. Even if you believe, as Conquistador does, that the legislation is not a heinous aberration, the Democrats conducted "negotiations" behind closed doors, asked the imperiled telecoms' advice about how they could help them avoid civil prosecution, and didn't even remove any of the teeth from the last version of the legislation.
When Republican Senator and FISA architect Kid Bond goes on
National Public Radio to give the following defense of the legislation, I think the US is in trouble, and I'm not going to vote for anyone who doesn't repudiate this logic. When it comes to this, it just doesn't matter which party is in office.
QUOTE
"I'm not here to say that the government is always right. But when the government tells you to do something, I'm sure you would all agree … that is something you need to do."