<retrogrouch@[EMAIL PROTECTED]
> wrote in message
news:1qchq1tna4l5vccva1isaiahhkiimhahrf@[EMAIL PROTECTED]
> On Tue, 20 Dec 2005 17:05:56 -0800, Mark Ferguson
> <wa****ngton_resident@[EMAIL PROTECTED]
> wrote:
>
>>On Tue, 20 Dec 2005 19:58:16 -0500, PSG
>><spammezRspazzers@[EMAIL PROTECTED]
> wrote:
>>
>>>Mark Ferguson wrote:
>>>
>>>>> Condsidering the fact we're discussing communication between people
>>>>> known to be associated with terrorists it seems a reasonable
assumption
>>>>> that ****tion applies.
>>>>
>>>> Of course this applies to communications outside the US and non-us
>>>> citizens. I posted the relevant section for US citizens in this
>>>> thread. It kind of requires a warrant.
>>>
>>>No it doesn't.
>>
>>
>>You're not that bright are you?
>>
>>§ 1801. Definitions
>>
>>(4) notwithstanding paragraphs (1), (2), and (3), with respect to any
>>electronic surveillance approved pursuant to section 1802 (a) of this
>>title, procedures that require that no contents of any communication
>>to which a United States person is a party shall be disclosed,
>>disseminated, or used for any purpose or retained for longer than 72
>>hours unless a court order under section 1805 of this title is
>>obtained or unless the Attorney General determines that the
>>information indicates a threat of death or serious bodily harm to any
>>person.
>>
>>Kind of mention US citizens here. Why all the puffery if the law was
>>not broken by Bush?
>
>
> TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1804
>
> § 1804. Applications for court orders
> Release date: 2005-03-17
>
> (a) Submission by Federal officer; approval of Attorney General;
> contents
> Each application for an order approving electronic surveillance under
> this subchapter shall be made by a Federal officer in writing upon
> oath or affirmation to a judge having jurisdiction under section 1803
> of this title. Each application shall require the approval of the
> Attorney General based upon his finding that it satisfies the criteria
> and requirements of such application as set forth in this subchapter.
> It shall include-
> (1) the identity of the Federal officer making the application;
> (2) the authority conferred on the Attorney General by the President
> of the United States and the approval of the Attorney General to make
> the application;
> (3) the identity, if known, or a description of the target of the
> electronic surveillance;
> (4) a statement of the facts and cir***stances relied upon by the
> applicant to justify his belief that-
> (A) the target of the electronic surveillance is a foreign power or an
> agent of a foreign power; and
> (B) each of the facilities or places at which the electronic
> surveillance is directed is being used, or is about to be used, by a
> foreign power or an agent of a foreign power;
> (5) a statement of the proposed minimization procedures;
> (6) a detailed description of the nature of the information sought and
> the type of communications or activities to be subjected to the
> surveillance;
> (7) a certification or certifications by the Assistant to the
> President for National Security Affairs or an executive branch
> official or officials designated by the President from among those
> executive officers employed in the area of national security or
> defense and appointed by the President with the advice and consent of
> the Senate-
> (A) that the certifying official deems the information sought to be
> foreign intelligence information;
> (B) that a significant purpose of the surveillance is to obtain
> foreign intelligence information;
> (C) that such information cannot reasonably be obtained by normal
> investigative techniques;
> (D) that designates the type of foreign intelligence information being
> sought according to the categories described in section 1801 (e) of
> this title; and
> (E) including a statement of the basis for the certification that-
> (i) the information sought is the type of foreign intelligence
> information designated; and
> (ii) such information cannot reasonably be obtained by normal
> investigative techniques;
> (8) a statement of the means by which the surveillance will be
> effected and a statement whether physical entry is required to effect
> the surveillance;
> (9) a statement of the facts concerning all previous applications that
> have been made to any judge under this subchapter involving any of the
> persons, facilities, or places specified in the application, and the
> action taken on each previous application;
> (10) a statement of the period of time for which the electronic
> surveillance is required to be maintained, and if the nature of the
> intelligence gathering is such that the approval of the use of
> electronic surveillance under this subchapter should not automatically
> terminate when the described type of information has first been
> obtained, a description of facts sup****ting the belief that additional
> information of the same type will be obtained thereafter; and
> (11) whenever more than one electronic, mechanical or other
> surveillance device is to be used with respect to a particular
> proposed electronic surveillance, the coverage of the devices involved
> and what minimization procedures apply to information acquired by each
> device.
> (b) Exclusion of certain information respecting foreign power targets
> Whenever the target of the electronic surveillance is a foreign power,
> as defined in section 1801 (a)(1), (2), or (3) of this title, and each
> of the facilities or places at which the surveillance is directed is
> owned, leased, or exclusively used by that foreign power, the
> application need not contain the information required by paragraphs
> (6), (7)(E), (8), and (11) of subsection (a) of this section, but
> shall state whether physical entry is required to effect the
> surveillance and shall contain such information about the surveillance
> techniques and communications or other information concerning United
> States persons likely to be obtained as may be necessary to *****s the
> proposed minimization procedures.
> (c) Additional affidavits or certifications
> The Attorney General may require any other affidavit or certification
> from any other officer in connection with the application.
> (d) Additional information
> The judge may require the applicant to furnish such other information
> as may be necessary to make the determinations required by section
> 1805 of this title.
> (e) Personal review by Attorney General
> (1)
> (A) Upon written request of the Director of the Federal Bureau of
> Investigation, the Secretary of Defense, the Secretary of State, or
> the Director of Central Intelligence, the Attorney General shall
> personally review under subsection (a) of this section an application
> under that subsection for a target described in section 1801 (b)(2) of
> this title.
> (B) Except when disabled or otherwise unavailable to make a request
> referred to in subparagraph (A), an official referred to in that
> subparagraph may not delegate the authority to make a request referred
> to in that subparagraph.
> (C) Each official referred to in subparagraph (A) with authority to
> make a request under that subparagraph shall take appropriate actions
> in advance to ensure that delegation of such authority is clearly
> established in the event such official is disabled or otherwise
> unavailable to make such request.
> (2)
> (A) If as a result of a request under paragraph (1) the Attorney
> General determines not to approve an application under the second
> sentence of subsection (a) of this section for purposes of making the
> application under this section, the Attorney General shall provide
> written notice of the determination to the official making the request
> for the review of the application under that paragraph. Except when
> disabled or otherwise unavailable to make a determination under the
> preceding sentence, the Attorney General may not delegate the
> responsibility to make a determination under that sentence. The
> Attorney General shall take appropriate actions in advance to ensure
> that delegation of such responsibility is clearly established in the
> event the Attorney General is disabled or otherwise unavailable to
> make such determination.
> (B) Notice with respect to an application under subparagraph (A) shall
> set forth the modifications, if any, of the application that are
> necessary in order for the Attorney General to approve the application
> under the second sentence of subsection (a) of this section for
> purposes of making the application under this section.
> (C) Upon review of any modifications of an application set forth under
> subparagraph (B), the official notified of the modifications under
> this paragraph shall modify the application if such official
> determines that such modification is warranted. Such official shall
> supervise the making of any modification under this subparagraph.
> Except when disabled or otherwise unavailable to supervise the making
> of any modification under the preceding sentence, such official may
> not delegate the responsibility to supervise the making of any
> modification under that preceding sentence. Each such official shall
> take appropriate actions in advance to ensure that delegation of such
> responsibility is clearly established in the event such official is
> disabled or otherwise unavailable to supervise the making of such
> modification.
What do the rules for application for a warrant have to do with the
discussion
at hand? We were discussing the Executive branch of government ordering
monitoring of terrorist communication from outside this country to non-US
citizen terrorist in this or another country to prevent terrorist attacks.
That
is what President Bush ordered. This has been a common practice since WWII
when
we monitored German and Japanese communications under executive order.
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