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To: VeniVidiVici
I think what they meant was that it's illegal for the NSA to intercept messages from US citizens on US soil, and that's correct. In fact, USSID 18 Sections 4 and 5 specifically say that communications which even refer to US citizens will not be intentially intercepted, and that the only exceptions still exclude US citizens on US soil, unless they're acting as foreign agents, and the information obtained is exclusively used for intelligence or counterintelligence. That precludes domestic law enforcement.

Here, I'll post them below:

SECTION 4 - POLICY


4.1. (C xxx) The SIGINT mission of the USSS includes the collection, processing, storage, and dissemination of foreign communications (plaintext and encrypted) passed by radio, wire, or other electromagnetic means. It is the poiicy of the USSS to target or collect foreign communications. The USSS will not intentionally collect the communications of U.S. persons or communications that refer to U.S. persons except as authorized pursuant to the procedures contained in this USSID or its annexes. The USSS will only process and disseminate communications of U.S. persons, or that refer to U.S. persons, as provided for in this USSID.

SECTION 5 - COLLECTION


5.1. (C xxx) The Director, NSA, will consider requests to collect the communications of U.S. persons, or communications that refer to U.S. persons, only if one of the following criteria is satisfied:

a. The U.S. person has given consent and has executed the consent form as set forth in Annex I. Once the consent form has been executed, the Director, NSA, may authorize the collection. The Director, NSA, shall notify the Anorney General of each consensual collection.

b. The U.S. person is a foreign power or an agent of a foreign power. The purpose of the collection must be the acquisition of foreign intelligence or counterintelligence. It is also necessary that the information be unobtainable by less intrusive techniques. In this case, the Director, NSA, may:

(1) Submit an application for the collection in accordance with the FISA when the U.S. person is in the United States and the communications sought are those of that U.S. person (see Annex A).

(2) Request the Anomey General to authorize collection when the U.S. person is outside the United States, when the U.S. person is in the United States and only communications that refer to that person are sought, or when a U.S. person as defined in Section 3.31.b. is in the United States

(3) Authorize the collection if an emergency situation exists and the U.S. person is outside the United States.

5.2. (C xxx) In emergency situations, the Director, NSA, may approve for foreign intelligence or countefintmgence purposes the collection of communications of U.S. persons, or communications that refer to U.S. persons, when such persons are outside the United States and when securing the prior approval of the Attorney General is not practical.

a. An emergency situation exists when:

(1) The time required to secure Attorney General approval would cause failure or delay in obtaining significant foreign intelligence or counterintelligence and such failure or delay wouid result in substantial harm to the national security;

(2) Any person's life or physical safety is reasonably believed to be in immediate danger; or

(3) The physical security of a Defense installation or government property is reasonably believed to be in immediate danger.

b. The Director, NSA, shall notify the DoD General Counsel and the Attorney General as soon as possible of the nature of the collection, the circumsiances surrounding its authorization, and the results thereof.

c Such collection may not continue longer than the time required for a decision by the Attorney General and in no event longer than 72 hours.

[12 lines censored]
79 posted on 12/16/2005 7:27:20 AM PST by NJ_gent (Modernman should not have been banned.)
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To: NJ_gent
I think what they meant was that it's illegal for the NSA to intercept messages from US citizens on US soil, and that's correct. In fact, USSID 18 Sections 4 and 5 specifically say that communications which even refer to US citizens will not be intentially intercepted, and that the only exceptions still exclude US citizens on US soil, unless they're acting as foreign agents, and the information obtained is exclusively used for intelligence or counterintelligence. That precludes domestic law enforcement.

Thank you. This is a far, far cry from being "illegal" to intercept the comms of US citizens.

And the MSM is being deliberately vague as to make it sound much more ominous than it is.

I saw no examples in any article where the interception could not be deemed legal according to the exceptions outlined in USSID 18.

I'm I missing something?

81 posted on 12/16/2005 7:36:22 AM PST by VeniVidiVici (What? Me worry?)
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