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Dec 13th, 2014
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  1. Basic summary of the Bill HR #4681
  2.  
  3. let's begin with (b) Procedures for Covered Communications –
  4.  
  5. -the term "covered communications" is specifically defined right above the bill.
  6.  
  7. (1) Covered communication.–The term ``covered communication''
  8. means any nonpublic telephone or electronic communication acquired
  9. without the consent of a person who is a party to the
  10. communication, including communications in electronic storage.</code>
  11.  
  12. -this envelops everything; internet, cell phones, email, PMs, anything that's sent from one person to the other in a non public space, like a private message.
  13.  
  14. (1) Requirement to adopt.–Not later than 2 years after the
  15. date of the enactment of this Act each head of an element of the
  16. intelligence community shall adopt procedures approved by the
  17. Attorney General for such element that ensure compliance with the
  18. requirements of paragraph (3).
  19.  
  20. -this will be adopted by two years after the pass of the bill
  21.  
  22.  
  23.  
  24. (2) Coordination and approval.–The procedures required by
  25. paragraph (1) shall be–
  26.  
  27.  
  28. (A) prepared in coordination with the Director of National
  29. Intelligence; and
  30.  
  31. (B) approved by the Attorney General prior to issuance.
  32.  
  33. -the next segment has to be approved by the attorney general and director of national intelligence
  34.  
  35. (A) Application.–The procedures required by paragraph (1)
  36. shall apply to any intelligence collection activity not
  37. otherwise authorized by court order (including an order or
  38. certification issued by a court established under subsection
  39. (a) or (b) of section 103 of the Foreign Intelligence
  40. Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
  41. similar legal process that is reasonably anticipated to result
  42. in the acquisition of a covered communication to or from a
  43. United States person and shall permit the acquisition,
  44. retention, and dissemination of covered communications subject
  45. to the limitation in subparagraph (B).
  46.  
  47. -applies to any intelligence collection activity NOT OTHERWISE AUTHORIZED BY COURT ORDER, SUBPOENA OR ANY SIMILAR LEGAL PROCESS
  48. >>>>ATTENTION TO THIS PART, THIS IS BAD<<<<
  49. -this means that anything not already explicitly legal and documented is fair game
  50. -in other words, the next segment will refer to information gathered by the intelligence THAT THEY "INCIDENTALLY" FIND (ie. any and all information they spy into)
  51.  
  52.  
  53.  
  54.  
  55. (B) Limitation on retention.–A covered communication shall not be retained in excess of 5 years, unless–
  56.  
  57. -you can't hold onto this data for more than 5 years unless…
  58.  
  59.  
  60. (i) the communication has been affirmatively
  61. determined, in whole or in part, to constitute foreign
  62. intelligence or counterintelligence or is necessary to
  63. understand or assess foreign intelligence or
  64. counterintelligence;
  65.  
  66. -you think it belongs to a spy
  67.  
  68.  
  69. (ii) the communication is reasonably believed to
  70. constitute evidence of a crime and is retained by a law
  71. enforcement agency;
  72.  
  73. -you think its evidence in a crime
  74.  
  75. (iii) the communication is enciphered or reasonably
  76. believed to have a secret meaning;
  77.  
  78. -it's encrypted, or that there's a secret meaning
  79. -any type of encoded information, or any such thing with a layer of security on it that protects it from being directly accessed
  80.  
  81. (iv) all parties to the communication are reasonably
  82. believed to be non-United States persons;
  83.  
  84. -both participants in a conversation are foreigners
  85. -any and all foreigners would not have any private rights because they want to make everyone out to be a person of interest, and at the very most a terrorist
  86.  
  87. (v) retention is necessary to protect against an
  88. imminent threat to human life, in which case both the
  89. nature of the threat and the information to be retained
  90. shall be reported to the congressional intelligence
  91. committees not later than 30 days after the date such
  92. retention is extended under this clause;
  93.  
  94. -They want to retain information in the instance of terrorists or suspected terrorism
  95. -Which doesn't necessarily mean that you're out of the data retention if you are not a terrorist or have no reason to be believed a terrorist, this just means that they can get away with retaining information if they want and classify it as "suspected terrorism" or the like
  96.  
  97. (vi) retention is necessary for technical assurance or
  98. compliance purposes, including a court order or discovery
  99. obligation, in which case access to information retained
  100. for technical assurance or compliance purposes shall be
  101. reported to the congressional intelligence committees on an
  102. annual basis; or
  103.  
  104. -They can legally keep and send your data for compliance with lawful orders, such as subpoena or court order
  105.  
  106. (vii) retention for a period in excess of 5 years is
  107. approved by the head of the element of the intelligence
  108. community responsible for such retention, based on a
  109. determination that retention is necessary to protect the
  110. national security of the United States, in which case the
  111. head of such element shall provide to the congressional
  112. intelligence committees a written certification
  113. describing retention for a period in excess of 5 years
  114. is approved by the head of the element of the intelligence
  115. community responsible for such retention, based on a
  116. determination that retention is necessary to protect
  117. the national security of the United States"
  118.  
  119. -They can keep the information for more than five years if you are found spying or are supposedly thought of to be a spy against the US
  120.  
  121. (I) the reasons extended retention is necessary to
  122. protect the national security of the United States;
  123.  
  124. (II) the duration for which the head of the element
  125. is authorizing retention;
  126.  
  127. (III) the particular information to be retained;
  128. and
  129.  
  130. (IV) the measures the element of the intelligence
  131. community is taking to protect the privacy interests of
  132. United States persons or persons located inside the
  133. United States.
  134.  
  135. -Basically, that thing about the terrorism? Now it's "If you're spying on the US supposedly, for OUR OWN PRIVACY, we can look at your stuff"
  136. -this means "We will remove your privacy so we can spy on you so that we are sure no one is spying on us."
  137. -Also, I-IV is just an explanation of why
  138.  
  139. Summary:
  140.  
  141. government can hold onto data, that they "incidentally" find, for five years, unless they feel like they want to keep it longer, and then go on with the procedure of going to court and jailing you with evidence that they shouldn't be having in the first place.
  142.  
  143. nothing's really changed because they do this anyways, but now what they do is legitimized more.
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