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To: Sandy
This isn't true. A U.S person is still a U.S. person even if he's an agent of a foreign power. In fact, 1801(b)(2) specifically does *not* exclude U.S. persons.

In section 1801, subsection (i), it is explicitly stated that a United States person "does not include a corporation or an association which is a foreign power".

Regardless, FISA still requires a judge's ok even if the agent of a foreign power isn't a U.S. person.

Have you read Section 1802:

Section 1802. Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court

23 posted on 01/13/2006 9:01:47 PM PST by joseph20
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To: joseph20
In section 1801, subsection (i), it is explicitly stated that a United States person "does not include a corporation or an association which is a foreign power".

That's not relevant at all. The only purpose of that phrase is to exclude some foreign power corporations/associations from the definition. For clarity, read it like this:

United States person means...

1. a citizen of the United States;

2. an alien lawfully admitted for permanent residence;

3. an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, but does not include an association which is a foreign power as defined in subsection (a)(1), (2), or (3) of this section;
or
4. a corporation which is incorporated in the United States, but does not include a corporation which is a foreign power as defined in subsection (a)(1), (2), or (3) of this section.


Have you read Section 1802

Section 1802 allows surveillance without a court order but *only if* the target is a foreign power as defined in 1801(a)(1), (2), or (3).

In all other instances, 1804 is the applicable section.

24 posted on 01/13/2006 11:48:27 PM PST by Sandy
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