152
submitted 7 months ago by thenexusofprivacy to c/politics@lemmy.world

cross-posted from: https://lemmy.sdf.org/post/15271710

Not a good result. The good amendment to add a warrant requirement failed on a tie vote; bad amendments to expand the scope of warrantless wiretapping passed. Next step: a Senate vote.

you are viewing a single comment's thread
view the rest of the comments
[-] thenexusofprivacy 16 points 7 months ago

The FBI routinely uses its authority under FISA Section 702 to get information on Americans without a warrant, ignoring the processes that are supposed to be put in place to protect people. This has nothing to do with the FISA Title III authority that was used to get information about Carter Page, no matter what you and Trump think. If you warrantless surveillance of Americans is good, then by all means you should indeed be cheering this vote -- because they extended the scope of what information they can get at without a warrant.

If on the other hand you think civil liberties are worth protecting, then you might take a moment to stop to think that there was bipartisan support, including progressive Democrats, for introducing reforms like a warrant requirement while still keeping the ability to surveil foreign agents in place. But opinions differ, there are plenty of people in both parties who don't think civil liberties are worth protecting, so if you're one of them you've got a lot of company.

[-] Rapidcreek@lemmy.world -2 points 7 months ago

The FISA court provides warrants, it's what they do. If I was a legal compliance officer at a Telcom, I wouldn't move my ass for anything but a warrant. A tap without a warrant is illegal and puts the operating company in jeopardy.

[-] thenexusofprivacy 7 points 7 months ago

From the article:

FISA 702 warrantless surveillance purports to target only foreign subjects, but in practice sweeps in a huge amount of Americans’ communications. This allows intelligence agencies to exploit a backdoor search loophole: the FBI, CIA, and NSA conduct “U.S. person queries” of FISA 702 records to deliberately pull up Americans’ private messages, all without a warrant or any court approval. This loophole has led to systemic abuse, involving thousands of improper queries each year, including those directed at protesters, campaign donors, journalists, lawmakers, and — in one case — the online dating matches of an analyst.

[-] Rapidcreek@lemmy.world -4 points 7 months ago* (last edited 7 months ago)

OK. There are no laws against the NSA picking up.foreign communications. In fact, that's the reason they exist. So they monitor a phone call originating from Moscow, say, of a person they find of interest. All of a sudden, that guy makes a call to someone in the US. Should the NSA simply hang up and not find out what it's all about due to a lack of warrant? Also, the technology doesn't make that immediately possible.

The courts have decided that text messages, as well as mobile tracking, do not need lawful warrants. Usually you don't apply for a warrant when you don't need one.

BTW, phone records are actually operating company business records. You don't own them.

[-] Semi_Hemi_Demigod@lemmy.world 6 points 7 months ago

Should the NSA simply hang up and not find out what it’s all about due to a lack of warrant?

Yes.

There, that was easy.

[-] dariusj18@lemmy.world 0 points 7 months ago

Lotta people just don't understand this.

this post was submitted on 12 Apr 2024
152 points (96.9% liked)

politics

19148 readers
2015 users here now

Welcome to the discussion of US Politics!

Rules:

  1. Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.

Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.

Example:

  1. Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
  2. Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
  3. No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
  4. Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
  5. No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

Register To Vote

Citizenship Resource Center

Congressional Awards Program

Federal Government Agencies

Library of Congress Legislative Resources

The White House

U.S. House of Representatives

U.S. Senate

Partnered Communities:

News

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 2 years ago
MODERATORS