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- Congress is trying to pass H.R. 4681, a bill that will allow government agencies unrestricted, completely legal access to the personal files and communications of American citizens. Most of it is a funding bill, but at the last minute, amendments were made to make it legal to spy on citizens.
- https://www.congress.gov/bill/113th-congress/house-bill/4681/text
- The dangerous part of the bill, Sec. 309, is pasted below.
- SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED
- COMMUNICATIONS.
- (a) Definitions.--In this section:
- (1) Covered communication.--The term ``covered communication''
- means any nonpublic telephone or electronic communication acquired
- without the consent of a person who is a party to the
- communication, including communications in electronic storage.
- (2) Head of an element of the intelligence community.--The term
- ``head of an element of the intelligence community'' means, as
- appropriate--
- (A) the head of an element of the intelligence community;
- or
- (B) the head of the department or agency containing such
- element.
- (3) United states person.--The term ``United States person''
- has the meaning given that term in section 101 of the Foreign
- Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
- (b) Procedures for Covered Communications.--
- (1) Requirement to adopt.--Not later than 2 years after the
- date of the enactment of this Act each head of an element of the
- intelligence community shall adopt procedures approved by the
- Attorney General for such element that ensure compliance with the
- requirements of paragraph (3).
- (2) Coordination and approval.--The procedures required by
- paragraph (1) shall be--
- (A) prepared in coordination with the Director of National
- Intelligence; and
- (B) approved by the Attorney General prior to issuance.
- (3) Procedures.--
- (A) Application.--The procedures required by paragraph (1)
- shall apply to any intelligence collection activity not
- otherwise authorized by court order (including an order or
- certification issued by a court established under subsection
- (a) or (b) of section 103 of the Foreign Intelligence
- Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
- similar legal process that is reasonably anticipated to result
- in the acquisition of a covered communication to or from a
- United States person and shall permit the acquisition,
- retention, and dissemination of covered communications subject
- to the limitation in subparagraph (B).
- (B) Limitation on retention.--A covered communication shall
- not be retained in excess of 5 years, unless--
- (i) the communication has been affirmatively
- determined, in whole or in part, to constitute foreign
- intelligence or counterintelligence or is necessary to
- understand or assess foreign intelligence or
- counterintelligence;
- (ii) the communication is reasonably believed to
- constitute evidence of a crime and is retained by a law
- enforcement agency;
- (iii) the communication is enciphered or reasonably
- believed to have a secret meaning;
- (iv) all parties to the communication are reasonably
- believed to be non-United States persons;
- (v) retention is necessary to protect against an
- imminent threat to human life, in which case both the
- nature of the threat and the information to be retained
- shall be reported to the congressional intelligence
- committees not later than 30 days after the date such
- retention is extended under this clause;
- (vi) retention is necessary for technical assurance or
- compliance purposes, including a court order or discovery
- obligation, in which case access to information retained
- for technical assurance or compliance purposes shall be
- reported to the congressional intelligence committees on an
- annual basis; or
- (vii) retention for a period in excess of 5 years is
- approved by the head of the element of the intelligence
- community responsible for such retention, based on a
- determination that retention is necessary to protect the
- national security of the United States, in which case the
- head of such element shall provide to the congressional
- intelligence committees a written certification
- describing--
- (I) the reasons extended retention is necessary to
- protect the national security of the United States;
- (II) the duration for which the head of the element
- is authorizing retention;
- (III) the particular information to be retained;
- and
- (IV) the measures the element of the intelligence
- community is taking to protect the privacy interests of
- United States persons or persons located inside the
- United States.
- The only representative to read the bill and find this part was Rep. Justin Amash of MI. Here are his comments.
- https://www.facebook.com/repjustinamash/posts/812569822115759
- http://thehill.com/policy/technology/226752-gop-rep-attempted-late-bid-to-kill-spy-bill
- I must reiterate that Sec 309 of the bill was added immediately before voting, and was hidden from the people voting on it, so very few actually know what they truly voted on. Most of congress has been duped.
- Please report on this. The American people must be aware of what is trying to be made legal.
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