I know some people care and some do not...but here are a few finer points to early reviews of what is now a document of law in our land...it's sad that we as a people of this planet have come to things like this.
215 does extend FBI power to conduct essentially warrantless records searches, especially on people who are not themselves terror suspects, with little or no judicial oversight
Previously the government needed at least a warrant and probable cause to access private records. The Fourth Amendment, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, and case law provided that if the state wished to search you, it needed to show probable cause that a crime had been committed and to obtain a warrant from a neutral judge. Under FISA—the 1978 act authorizing warrantless surveillance so long as the primary purpose was to obtain foreign intelligence information—that was somewhat eroded, but there remained judicial oversight. And under FISA, records could be sought only "for purposes of conducting foreign intelligence" and the target "linked to foreign espionage" and an "agent of a foreign power." Now the FBI needs only to certify to a FISA judge—(no need for evidence or probable cause) that the search protects against terrorism. The judge has no authority to reject this application.
The difference they don't acknowledge is that investigators may now do so secretly, and these orders cannot be contested in court. While the new DOJ Web site asserts that searches under 215 are limited to "business records," the act on its face allows scrutiny of "any tangible thing" including books, records, papers, documents, and anything else. The site also says U.S. citizens may not be subject to search, but the act does not differentiate.
Seriously...if you have a little time...read through the document...get to know what is coming down hill...cause it will run you over if not.
PDF copy available H E R E
My site in HTML too...H E R E
The original has been amended a bit since introduction and becoming law....only to become more restrictive to the American public and less restrictive to the investigating bodies.
I will be going through and highlighting a few of the more interesting point on the HTML version over the next week or two.
215 does extend FBI power to conduct essentially warrantless records searches, especially on people who are not themselves terror suspects, with little or no judicial oversight
Previously the government needed at least a warrant and probable cause to access private records. The Fourth Amendment, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, and case law provided that if the state wished to search you, it needed to show probable cause that a crime had been committed and to obtain a warrant from a neutral judge. Under FISA—the 1978 act authorizing warrantless surveillance so long as the primary purpose was to obtain foreign intelligence information—that was somewhat eroded, but there remained judicial oversight. And under FISA, records could be sought only "for purposes of conducting foreign intelligence" and the target "linked to foreign espionage" and an "agent of a foreign power." Now the FBI needs only to certify to a FISA judge—(no need for evidence or probable cause) that the search protects against terrorism. The judge has no authority to reject this application.
The difference they don't acknowledge is that investigators may now do so secretly, and these orders cannot be contested in court. While the new DOJ Web site asserts that searches under 215 are limited to "business records," the act on its face allows scrutiny of "any tangible thing" including books, records, papers, documents, and anything else. The site also says U.S. citizens may not be subject to search, but the act does not differentiate.
Seriously...if you have a little time...read through the document...get to know what is coming down hill...cause it will run you over if not.
PDF copy available H E R E
My site in HTML too...H E R E
The original has been amended a bit since introduction and becoming law....only to become more restrictive to the American public and less restrictive to the investigating bodies.
I will be going through and highlighting a few of the more interesting point on the HTML version over the next week or two.
