NSA; 'We need to 'rethink' the 4th amendment

JimBowie1958

Old Fogey
Sep 25, 2011
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NSA memo pushed to 'rethink' 4th Amendment - Philip Ewing - POLITICO.com

In one key paragraph, NSA wrote that its new phase meant the U.S. must reevaluate its approach toward signals intelligence, or “SIGINT,” and the Constitution’s Fourth Amendment protections against unreasonable search and seizure.

(PHOTOS: Pols, pundits weigh in on NSA report)

“The Fourth Amendment is as applicable to eSIGINT as it is to the SIGINT of yesterday and today,” it wrote. “The Information Age will however cause us to rethink and reapply the procedures, policies and authorities born in an earlier electronic surveillance environment.”

Americans learned about one upshot of NSA’s philosophy this week when Washington acknowledged two of its subsequent surveillance programs: One that tracks the phone records of millions of Americans and one that accesses the servers of several major Internet companies, including Facebook, Google and Apple. The revelations were first reported by Britain’s Guardian newspaper and the Washington Post.

NSA’s memo continued: “Make no mistake, NSA can and will perform its missions consistent with the Fourth Amendment and all applicable laws. But senior leadership must understand that today’s and tomorrow’s mission will demand a powerful, permanent presence on a global telecommunications network that will host the ‘protected’ communications of Americans as well as the targeted communications of adversaries.”

The quotes around “protected” appear in the original document.

Popular video at DOJ, NSA and the FBI lately I have heard after Obama took office
[ame=http://www.youtube.com/watch?feature=player_detailpage&v=krxMnE_0O0Q#t=14s]Adolf Hitler - Sieg Heil - YouTube[/ame]
 
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So far the Hussein administration has actually attacked the 1st, 2nd, 4th and 5th Amendment. Lefties don't seem to care unless the left wing media cares.
 
So far the Hussein administration has actually attacked the 1st, 2nd, 4th and 5th Amendment. Lefties don't seem to care unless the left wing media cares.

Yeah, the Constitution is pretty much doomed with these libtards in control.
 
AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


so what part needs to be "re-thinked" (sic), all of it or just a few words ?

what part of the liberal brain (if there is one) needs excised, all of it or just the left side ?

i most definitely believe liberals and their ilk have evolved from primates.., but !! not entirely, i still see many remaining characteristics, i.e., slinging shit at we American patriots by supporting this regimes insistence on breaking every law they can to violate our Constitutional and GOD given rights. :up:
 
The left needs to go the constitutional convention root if they want to charge it. Otherwise they're restrained by it.

The left is restrained by nothing as long as the media continues to be a propaganda arm of the administration. Who would have thought forty or fifty years ago that the federal government could execute an American citizen without due process if some bureaucrat determined he was a threat to national security? What if the Tea Party is determined to be a threat to national security? The government already authorized surveillance and punitive audits on Tea Party people.
 
Obama's right about one thing: we don't trust him and we have a big problem here

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Somebody said "the Constitution isn't a suicide-pact" and I agree the 4th Amendment may need to be suspended for certain individuals intent on harming this country. FDR was a constitutional dictator....if you don't believe that ask any japanese-american swept into a detainment camp during WW2. Was it necessary? You bet it was....there were japanese here who would have eagerly committed sabotage and rendered chaos. NSA and other spooks can get a FISA warrant if they want to mess with somebody and that cannot change, especially with these stalinists we got running the country now.
 
Somebody said "the Constitution isn't a suicide-pact" and I agree the 4th Amendment may need to be suspended for certain individuals intent on harming this country. ...

The nature of Constitutional rights is that they can't be suspended just 'for certain individuals' as you suggest. They apply to everyone until they are proven guilty. What you're wanting to do is, essentially, strip people of their rights simply because they are accused of something. Which is insane. Any of us can be accused.
 
Somebody said "the Constitution isn't a suicide-pact" and I agree the 4th Amendment may need to be suspended for certain individuals intent on harming this country. ...

The nature of Constitutional rights is that they can't be suspended just 'for certain individuals' as you suggest. They apply to everyone until they are proven guilty. What you're wanting to do is, essentially, strip people of their rights simply because they are accused of something. Which is insane. Any of us can be accused.

Read what I said again before shooting your mouth off about things you don't understand...like the Constitution.
 
Somebody said "the Constitution isn't a suicide-pact" and I agree the 4th Amendment may need to be suspended for certain individuals intent on harming this country.

Disagree. Once you give the government the go ahead to ignore some of our rights, you have effectively given them consent to ignore any and all of our rights.

Martial law is a critical tradition that involved a declaration of a state of emergency and a given length of time is set. The President has been given emergency powers since the Second World War and our Constitutional Republic was not set up for the US to be in a perpetual state of crisis. If there were no terrorism, the Feds would have to invent it to legally maintain their 'emergency'.

State of emergency - Wikipedia, the free encyclopedia

On December 16, 1950, during the Korean War, President Truman issued Presidential Proclamation No. 2914,[34] declaring a state of national emergency.[35] The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer established, in 1952, that presidents may not act contrary to Acts of Congress during an emergency.

During the Watergate scandal which erupted in the 1970s after President Richard Nixon authorized a variety of illegal acts, Congress investigated the extent of the President's powers and belatedly realized that the U.S. had been in a continuous state of emergency since 1950. As a result, in 1976 the National Emergencies Act set a limit of two years on emergency declarations unless the president explicitly extends them, and requiring the president to specify in advance which legal provisions will be invoked....

The 1977 International Emergency Economic Powers Act allows freezing of assets, limiting of trade, and confiscation of property during a declared emergency...

The United States is formally in an ongoing limited state of emergency declared by several Presidents for several reasons. A state of emergency began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton. In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process".[37] This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden,[38] and has been continued to at least 2008 by order of President George W. Bush.[39] There are a number of other ongoing national emergencies of this type,[40][41] regarding for instance diamond trade with Sierra Leone. Especially noteworthy are the ongoing states of emergency declared on November 14, 1979 regarding the Iran hostage crisis,[42] that declared on March 15, 1995 with respect to Iran,[43] and that declared on September 14, 2001 through Bush's Proclamation 7463, regarding the September 11 attacks.[44]

President Barack Obama extended George W. Bush's Declaration of Emergency regarding terrorism on September 10, 2009,[45] on September 10, 2010,[46] on September 9, 2011,[47] and on September 11, 2012.[48]

Whether we will ever see the end of this 'emergency' (whose civilian casualty rate is less than that of annual swimming pool drownings) is a good question. Historians of the next century may well regard Sept 11, 1991 as the date of the beginning of the end of the existence of the US as a democratic Republic.

FDR was a constitutional dictator....if you don't believe that ask any japanese-american swept into a detainment camp during WW2.

http://en.wikipedia.org/wiki/Japanese_internment_in_the_United_States#Legal_legacy

Among the cases which reached the Supreme Court were Yasui v. United States (1943), Hirabayashi v. United States (1943), ex parte Endo (1944), and Korematsu v. United States (1944). In Yasui and Hirabayashi the court upheld the constitutionality of curfews based on Japanese ancestry; in Korematsu the court upheld the constitutionality of the exclusion order...
Nonetheless, in light of the fact that these 1944 decisions are still on the books, a number of legal scholars have expressed the opinion that the original Korematsu and Hirabayashi decisions have taken on renewed relevance in the context of the War on Terror.

Former Supreme Court Justice Tom C. Clark, who represented the US Department of Justice in the "relocation," writes in the epilogue to the 1992 book Executive Order 9066: The Internment of 110,000 Japanese Americans:[97]
The truth is—as this deplorable experience proves—that constitutions and laws are not sufficient of themselves...Despite the unequivocal language of the Constitution of the United States that the writ of habeas corpus shall not be suspended, and despite the Fifth Amendment's command that no person shall be deprived of life, liberty or property without due process of law, both of these constitutional safeguards were denied by military action under Executive Order 9066.[98]

So in effect, while these rulings are plainly contrary to the Constitution, the courts have upheld this shit as Constitutional when it plainly is not.

Was it necessary? You bet it was....there were japanese here who would have eagerly committed sabotage and rendered chaos.

No it was not necessary. This is where good security protocols should have been developed and implemented. Instead we hauled in a bunch of ethnic peoples from the nations we were at war with (including any Germans or Italians that had ever expressed sympathies for the fascists).

Now with the war on terror, ALL OF US are suspect, and the government has case law to support its actions in many cases, no matter how plainly unconstitutional it is.

NSA and other spooks can get a FISA warrant if they want to mess with somebody and that cannot change, especially with these stalinists we got running the country now.

It MUST change or else our Republic can never be revived. Some of us have sworn to defend the Republic all our lives and take this oath seriously.
 
Somebody said "the Constitution isn't a suicide-pact" and I agree the 4th Amendment may need to be suspended for certain individuals intent on harming this country. ...

The nature of Constitutional rights is that they can't be suspended just 'for certain individuals' as you suggest. They apply to everyone until they are proven guilty. What you're wanting to do is, essentially, strip people of their rights simply because they are accused of something. Which is insane. Any of us can be accused.

Read what I said again before shooting your mouth off about things you don't understand...like the Constitution.

DBlack is right, in theory. That we have a bunch of fascists running this country does not mean that our natural rights no longer exist; thus why they are referred to as natural rights.
 
And now we have a purge of our intelligence community, according to some:
Brennan?s CIA purging political dissidents, purged CIA agent speaks out | Conservative Firing Line

the latest scandal to break is the systematic political purge at the CIA under the direction of CIA Director, John Brennan.

The news was received by the PCRE by Kent Clizbe, a former CIA counter-terrorism operations officer and author of Willing Accomplices and Obliterating Exceptionalism, of the purge of non-supporters of Obama and vicious reprisals and threats against anyone who dared to speak out against the CIA or the administration and that it began in 2009 and has escalated ever since.

While Brennan has been Obama’s CIA director since March 8, 2013, Brennan has been President Obama’s confidant since 2008.
 
This whole situation has my nerves on end... reminds me of 2010 all over again... back then (for the initiated) everyone was paying attention to the sonora desert getting ready to deploy for this, for that and for the other... We all KNEW back then that by 2011 shit would hit the fan and our comfortable American lives would be indefinitely exchanged for our part of war... When everyone dispersed and accepted cowardice with personal solutions ranging from "it's not worth fighting for" to " I'll just keep watching and waiting" -- We knew it wouldn't be too long...

Well the neat thing going on now is the realization of what a lot of us felt to be the absolutely guaranteed eventuality. The minimization of the bang and the initiation of the whimper is in full swing... We are all like a dog who's owner is gently but firmly pushing down on the back of his neck until we lay down on our stomachs on the floor. There is no fight to be had.
 
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Anyway, Found this for you guys while I was at it:

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/ \ _ __ ___ _ __ _ _ _ __ ___ ___ _ _ ___
/ _ \ | '_ \ / _ \| '_ \| | | | '_ ` _ \ / _ \| | | / __|
/ ___ \| | | | (_) | | | | |_| | | | | | | (_) | |_| \__ \
/_/ \_\_| |_|\___/|_| |_|\__, |_| |_| |_|\___/ \__,_|___/
|___/

Greetings Netizens, and Citizens of the world.

Anonymous has obtained some documents that "they" do not want you to see, and much to "their" chagrin, we have found them, and are giving them to you.
These documents prove that the NSA is spying on you, and not just Americans. They are spying on the citizens of over 35 different countries.
These documents contain information on the companies involved in GiG, and Prism.
Whats GiG you might ask? well...

The GIG will enable the secure, agile, robust, dependable, interoperable data sharing environment for the Department where warfighter, business, and intelligence users share knowledge on a global network that facilitates information superiority, accelerates decision-making, effective operations, and Net-Centric transformation.

Like we said, this is happening in over 35 countries, and done in cooperation with private businesses, and intelligence partners world wide.
We bring this to you, So that you know just how little rights you have. Your privacy and freedoms are slowly being taken from you, in closed door meetings, in laws buried in
bills, and by people who are supposed to be protecting you.

Download these documents, share them, mirror them, don't allow them to make them disappear. Spread them wide and far. Let these people know, that we will not be silenced, that we will not be taken advantage of, and that we are not happy about this unwarranted, unnecessary, unethical spying of our private lives, for the monetary gain of the 1%.

And now, the candy: Index of /

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We are Anonymous
We do not forgive
We do not forget
and by now,
You should expect us
 
Mr. Bowie: Excellent body of work you provided; I knew about it all but the Truman section. The bottom line is the Constitution is a wonderful document in a time of peace. When we are threatened by external forces' 5th columnists, they can not and should not be granted the rights they are intent on destroying for us all. The NSA has clearly overstepped their mandate here. I saw no reason a huge new bureaucracy called "Homeland Security" had to be created. Jamie Gorelick built the legal wall between the CIA and FBI which enabled AQ to do 9/11 because there was no intel sharing. But there is once again a wall of silence between those two agencies because they despise each other and always have. So you have a situation which would seemingly be an FBI tasking that's expected to act on intel gathered by the CIA....Homeland Security is supposed to referee this thing but with the moron Napolitano in charge there, it never gets done right. We know her well out here in Arizona...she's a buffoon and a menace to the Constitution. So once again, if any of these agencies want to shadow or roust somebody they feel is hinky, let them prove it to a FISA judge...and if the need for action is immediate, let those who jumped the gun stand responsible for it.
 
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the fouth amdt. is very important.., but !! the second is what protects it along with the Constitution and the first TEN amendments.., got it now ?

If I had a gun
I'd shoot it in the morning,
I'd shoot it in the evening,
All over this land,
I'd shoot out danger,
I'd shoot out a warning,
I'd shoot out love between,
My brothers and my sisters,
All over this land



Now, I've got a flag
It's the flag of justice, peace, love and freedom

f_1960.gif
 

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