Interesting People mailing list archives
satisfying FISA
From: David Farber <dave () farber net>
Date: Wed, 18 Jan 2006 16:32:48 -0500
Begin forwarded message: From: "David P. Reed" <dpreed () reed com> Date: January 18, 2006 4:19:25 PM EST To: dave () farber net Cc: ip () v2 listbox com Subject: satisfying FISAReading the law quoted, and having some experience with legal procedural filings (not being a lawyer, though), all but a tiny number of the lines can be satisfied with boiler plate answers that are standard for a particular technology and investigation. One presumes that the NSA has computers capable of producing such documents in milliseconds for a particular case.
It's clear to this observer that the real reason for not filing within 72 hours is to preserve deniability and to avoid having a discoverable record to hang the perpetrators.
In other words, the same reason that US corporate counsel invent "records retention policies" that specify shredding early and often, so they can claim "we shred every day".
David Farber wrote:
Begin forwarded message: From: David Bolduc <bolduc () austin rr com> Date: January 17, 2006 1:45:59 PM EST To: dave () farber net Subject: Re: [IP] Zogby poll On Jan 17, 2006, at 12:33 PM, David Farber wrote:Begin forwarded message: From: Lee Revell <rlrevell () joe-job com> Date: January 17, 2006 1:12:03 PM EST To: dave () farber net Cc: ip () v2 listbox com, chodge5 () utk edu Subject: Re: [IP] Zogby pollAlso, none of the polls I have seem make it clear that FISA allows themto wiretap first and get a warrant later. I think if you made that clear then a solid majority would say it was wrong to disregard FISA. Lee<snip>Unless you laid out the detailed set of commands in Section 1804(a) * about what a warrant application has to contain, and pointed out how difficult it would be to satisfy those requirements and get a court to act on it in 72 hours.Have we descended far enough yet into "why the polls will show what I think they should if we just frame the questions the way I'd like to"? ;)* They are:(a) Submission by Federal officer; approval of Attorney General; contents Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include—(1) the identity of the Federal officer making the application;(2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application; (3) the identity, if known, or a description of the target of the electronic surveillance; (4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;(5) a statement of the proposed minimization procedures;(6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance; (7) a certification or certifications by the Assistant to the President for National Security Affairs or an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate— (A) that the certifying official deems the information sought to be foreign intelligence information; (B) that a significant purpose of the surveillance is to obtain foreign intelligence information; (C) that such information cannot reasonably be obtained by normal investigative techniques; (D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801 (e) of this title; and(E) including a statement of the basis for the certification that—(i) the information sought is the type of foreign intelligence information designated; and (ii) such information cannot reasonably be obtained by normal investigative techniques; (8) a statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance; (9) a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application; (10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this subchapter should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and (11) whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device.------------------------------------- You are subscribed as dpreed () reed com To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting- people/
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