[icwhatudo]

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

Yes, thats what clinton did, but it states "Pursuant to section 302(a)(1)"

The problem is that I've read that that section requires the Attorney General to certify is the search will not involve "the premises, information, material, or property of a United States person." Can someone link?

P.S. I'm in agreement Bush has the power, FISA imho is trying to undermine the constitution.

[HiJinx]

FISA imho is trying to undermine the constitution.

Which is exactly what the article says Judge Robertson did, and for which he was rebuked.

The problem is that I've read that that section requires the Attorney General to certify is the search will not involve "the premises, information, material, or property of a United States person."

Speaking from experience, there are exceptions to that language. We were constantly reminded that at no time is an asset of our intelligence agencies allowed to collect intelligence from a United States Person...unless specifically directed on a case-by-case basis.

[mnehring]

Sub Section 1801, a (3) and (4) defines 'Foreign Power' as:

(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;

Therefore it could easially be read (as how Clinton used this in the Aldrich Ames case) that if someone is controlled by a foreign government or is engaged in terrorism, he is defined as a Foreign Power and not defined as a protected citizen.

[mnehring]

Sub Section 1801, a (3) and (4) defines 'Foreign Power' as:

(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;

Therefore it could easily be read (as how Clinton used this in the Aldrich Ames case) that if someone is controlled by a foreign government or is engaged in terrorism, he is defined as a Foreign Power and not defined as a protected citizen.

[mnehring]

This part defines the terms in section 302(a)(1).
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001801----000-.html

Something else ignored by the critics.

[mnehring]

..and just to add one more point of clarification

(i) “United States person” means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101 (a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3) of this section.

[Cboldt]

50 USC 1821 <- Definitions
50 USC 1822 <- Surveillance law

I think you'll see the language of the EO tracks the language in the statute closely.

If the current NSA activity is clearly withing FISA, there is no reason to "keep the existence of the program secret." The existence and parameters of the program are expressed in statutory law, with a significant amount of case law now behind it.

[loboinok]

I'm sure there is an exception to the "U.S. citizen" clause, in cases such as this... http://www.freerepublic.com/focus/f-news/1547725/posts