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H.R. 4681 Email

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Dec 12th, 2014
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  1. 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.
  2.  
  3. https://www.congress.gov/bill/113th-congress/house-bill/4681/text
  4.  
  5. The dangerous part of the bill, Sec. 309, is pasted below.
  6.  
  7. SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED
  8. COMMUNICATIONS.
  9. (a) Definitions.--In this section:
  10. (1) Covered communication.--The term ``covered communication''
  11. means any nonpublic telephone or electronic communication acquired
  12. without the consent of a person who is a party to the
  13. communication, including communications in electronic storage.
  14. (2) Head of an element of the intelligence community.--The term
  15. ``head of an element of the intelligence community'' means, as
  16. appropriate--
  17. (A) the head of an element of the intelligence community;
  18. or
  19. (B) the head of the department or agency containing such
  20. element.
  21. (3) United states person.--The term ``United States person''
  22. has the meaning given that term in section 101 of the Foreign
  23. Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
  24. (b) Procedures for Covered Communications.--
  25. (1) Requirement to adopt.--Not later than 2 years after the
  26. date of the enactment of this Act each head of an element of the
  27. intelligence community shall adopt procedures approved by the
  28. Attorney General for such element that ensure compliance with the
  29. requirements of paragraph (3).
  30. (2) Coordination and approval.--The procedures required by
  31. paragraph (1) shall be--
  32. (A) prepared in coordination with the Director of National
  33. Intelligence; and
  34. (B) approved by the Attorney General prior to issuance.
  35. (3) Procedures.--
  36. (A) Application.--The procedures required by paragraph (1)
  37. shall apply to any intelligence collection activity not
  38. otherwise authorized by court order (including an order or
  39. certification issued by a court established under subsection
  40. (a) or (b) of section 103 of the Foreign Intelligence
  41. Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
  42. similar legal process that is reasonably anticipated to result
  43. in the acquisition of a covered communication to or from a
  44. United States person and shall permit the acquisition,
  45. retention, and dissemination of covered communications subject
  46. to the limitation in subparagraph (B).
  47. (B) Limitation on retention.--A covered communication shall
  48. not be retained in excess of 5 years, unless--
  49. (i) the communication has been affirmatively
  50. determined, in whole or in part, to constitute foreign
  51. intelligence or counterintelligence or is necessary to
  52. understand or assess foreign intelligence or
  53. counterintelligence;
  54. (ii) the communication is reasonably believed to
  55. constitute evidence of a crime and is retained by a law
  56. enforcement agency;
  57. (iii) the communication is enciphered or reasonably
  58. believed to have a secret meaning;
  59. (iv) all parties to the communication are reasonably
  60. believed to be non-United States persons;
  61. (v) retention is necessary to protect against an
  62. imminent threat to human life, in which case both the
  63. nature of the threat and the information to be retained
  64. shall be reported to the congressional intelligence
  65. committees not later than 30 days after the date such
  66. retention is extended under this clause;
  67. (vi) retention is necessary for technical assurance or
  68. compliance purposes, including a court order or discovery
  69. obligation, in which case access to information retained
  70. for technical assurance or compliance purposes shall be
  71. reported to the congressional intelligence committees on an
  72. annual basis; or
  73. (vii) retention for a period in excess of 5 years is
  74. approved by the head of the element of the intelligence
  75. community responsible for such retention, based on a
  76. determination that retention is necessary to protect the
  77. national security of the United States, in which case the
  78. head of such element shall provide to the congressional
  79. intelligence committees a written certification
  80. describing--
  81.  
  82. (I) the reasons extended retention is necessary to
  83. protect the national security of the United States;
  84. (II) the duration for which the head of the element
  85. is authorizing retention;
  86. (III) the particular information to be retained;
  87. and
  88. (IV) the measures the element of the intelligence
  89. community is taking to protect the privacy interests of
  90. United States persons or persons located inside the
  91. United States.
  92.  
  93. The only representative to read the bill and find this part was Rep. Justin Amash of MI. Here are his comments.
  94.  
  95. https://www.facebook.com/repjustinamash/posts/812569822115759
  96.  
  97. http://thehill.com/policy/technology/226752-gop-rep-attempted-late-bid-to-kill-spy-bill
  98.  
  99. 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.
  100.  
  101. Please report on this. The American people must be aware of what is trying to be made legal.
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