
03-26-2005, 01:39 PM
[quote:9ae39]Section 215 requires no judicial review and also 206 i believe.[/quote:9ae39]
False and false again. Section 215 refers to the Foreign Intelligence Surveillance Act which SPECIFICALLY outlines an panel of judges to review and AUTHORIZE requests for survelliance of folks involved in terrorism. It is a LAW that has been in effect since 1979 and was amended by the PA to include Section 215 which includes this little nugget that seemingly folks like to skip over:
`(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
As for Section 206 of the Patriot Act it is as well an amending of the FISA which - again - SPECIFICALLY states that Probable Cause must be met in order for a judge to approve the application for surveillance:
(a)(3) on the basis of the facts submitted by the applicant there is probable cause to believe that—
(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
. . .
(b) Determination of probable cause In determining whether or not probable cause exists for purposes of an order under subsection (a)(3) of this section, a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
So no - you and wherever you got your information from - is wrong. Again - read the PA and what it actually refers to.
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