Marked USA Liberty Act Changes to FISA §702 for Policy Wonks

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Marked USA Liberty Act Changes to FISA §702 for Policy Wonks

Post by Pat »

---------------------------- Original Message -----------------------------
Subject: USA Liberty Act Changes to FISA Sec. 702
From: Pat
Date: Sun, November 26, 2017 4:49 pm MST

Dear John,

I have just finished reading your Suggested Answers to the Second Short Quiz which was entitled “Extending FISA Sec. 702 a Faustian Bargain.”

However, I could not make any sense of the “Text of USA Liberty Act (H.R. 3989)” which you posted in the Reference Materials section of the Bulletin Board for our 12/13/2017 meeting.

Could you please shed some light?


---------------------------- Original Message -----------------------------
Subject: Re: USA Liberty Act Changes to FISA Sec. 702
Date: Tue, November 28, 2017 4:12 am MST
To: Pat

Dear Pat,

Gott sei dank for “silver linings”!!! [Otherwise you’d probably be waiting quite a long time for your response.]

Snowbird opened for only two days last week on artificial snow and then had to shut down again because of warm weather, while Alta postponed its opening. [As you know, ski resorts can only create artificial snow when overnight temperatures drop below freezing.]

And even Snowbird’s two days on artificial were the equivalent of glacier skiing which can get fairly slushy by lunch time!!!

[As you may know, “glacier” is simply the name given to a permanent snow cap. I used to love skiing the Zermatt glacier every September as all the world cup national ski teams (except the Russians) were warming up there. And although we didn’t have a glacier at Kitzbuehel, any rainy summer day in Salzburg 35 miles from Kitz was a fantastic powder day on the Hintertux glacier (where the Russians warmed up.)]

Reur Q, I have attached two files which I prepared in Adobe.pdf format because your reaction to the text of the USA Liberty Act is probably typical of our Bulletin Board readers and because the Bulletin Board does NOT accommodate markings such as bold red and strike-throughs --

(1) RL-db26-FISA-Sec702-WithUSALibertyActChangesMarked which shows the text of FISA Sec. 702 with USA Liberty Act deletions struck through, and USA Liberty Act additions in bold red.
(154.73 KiB) Downloaded 248 times
(2) RL-db26-USALibertyAct-Text which shows the text of the USA Liberty Act with amendments to FISA Sec. 702 in red – the remaining provisions, which are quite numerous, remain in black but they are readily understood from their titles and texts.
(130.83 KiB) Downloaded 248 times

My list of salient provisions (your list may, of course, be quite different) WHICH WOULD SIMPLY PROVIDE ADDITIONAL LAWS THAT OUR “LAWLESS” INTELLIGENCE SERVICES WOULD PROBABLY IGNORE --

(1) FISA Sections 702(a) and 702(c)(2) continue to permit the Attorney General and Director of National Intelligence to conduct so-called “WARRANTLESS WIRETAPPING” for ONE YEAR PERIODS. [And query whether the AG and DNI can string together a series of one-year periods!!!]

(2) FISA Sec. 702 is extended from 12/31/2017 to 9/30/2023.

(3) Tightening the requirements for a determination, and requiring documentation of the determination, that a target is a non-U.S. person and is outside the U.S.

(4) Requiring that an individual, who requests that U.S. persons with whom a foreign target communicated be unmasked, document why s/he needs the unmasking (which must be “legitimate”) -- and the name and position of the individual approving the request, which must also be documented.

(5) Tightening the requirements for “querying” (Government speak for searching) the “meta data” (who communicated with whom, when and where).

(6) Tightening the requirements for accessing the CONTENT of the communications identified by the queries.

(7) Increasing “whistle blower” protections for contractors of the intelligence community (NB: Please see Sec. 204 of the USA Liberty Act since it amends Sec. 1004 of the National Security Act of 1947, rather than FISA Sec. 702).

(8) Increasing the criminal penalty from 1 year to 5 years for unauthorized removal and retention of classified documents or material (NB: Please see Sec. 302 of the USA Liberty Act since it amends 18 U.S. Code Sec. 1924, rather than FISA Sec. 702).

Please let me know if you have any questions or comments. [Though I don’t know why I always include that, since you have never been known to be shy!!!]

Your friend,

John K.

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