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Warrantless Surveillance Can Continue Even If Law Expires, Officials Say (theverge.com)

According to a New York Times report citing American officials, the Trump administration has decided that the National Security Agency and the FBI can lawfully keep operating their warrantless surveillance program even if Congress fails to extend the law authorizing it before an expiration date of New Year's Eve. The Verge reports: The White House believes the Patriot Act's surveillance provisions won't expire until four months into 2018. Lawyers point to a one-year certification that was granted on April 26th of last year. If that certification is taken as a legal authorization for the FISA court overall -- as White House lawyers suggest -- then Congress will have another four months to work out the details of reauthorization. There are already several proposals for Patriot Act reauthorization in the Senate, which focus the Section 702 provisions that authorize certain types of NSA surveillance. Some of the proposals would close the backdoor search loophole that allows for warrantless surveillance of U.S. citizens, although a recent House proposal would leave it in place. But with Congress largely focused on tax cuts and the looming debt ceiling fight, it's unlikely the differences could be reconciled before the end of the year.

68 comments

  1. haha by viperidaenz · · Score: 0, Troll

    Sucks to be an American citizen.

    1. Re: haha by Anonymous Coward · · Score: 1

      The white house is the executive branch, charged with enforcing the law. Of course law enforcement is going to say the expired law granting them power is still valid.

      It doesn't matter, though. Interpretation of law is the job of the judicial branch, not the executive branch. This is not newsworthy.

    2. Re:haha by Anonymous Coward · · Score: 0

      If the U.S. Government thinks it's alright to spy on Americans protected under it's own Constitution without a warrant, how do you think it views the rights of people in other countries to not be spied on by them?

      CAPTCHA: giveaway

    3. Re:haha by MoaDweeb · · Score: 1

      That is what 5 eyes is for. Although they are not supposed to spy on another's citizens to circumvent local laws. With NZ's experience with our spooks I would not trust them to make coffee.

      --
      New Zealanders are well balanced with a chip on each shoulder. One represents Australia, the other the rest of the world
  2. But but but TRUMP by Anonymous Coward · · Score: 1

    But TRUMP promised he would make America great again!?!?!

    You fucking sheeple.

    1. Re:But but but TRUMP by e3m4n · · Score: 0, Troll

      its not like Killary was going to end the biggest, most unconstitutional bill ever to be approved. IMO, as a libertarian, anyone who signed onto the Patriot act should be tried, then hung, for treason.

    2. Re:But but but TRUMP by Anonymous Coward · · Score: 1

      Face it, you done goofed. Claiming that Hillary would have been worse at this point is like claiming that the hooker that you thought would short-change you is worse than the one who gave you AIDS.

    3. Re:But but but TRUMP by Anonymous Coward · · Score: 0

      anyone who signed onto the Patriot act should be tried, then hung, for treason.

      You're grammer leafs a lot too be desired.

    4. Re:But but but TRUMP by Anonymous Coward · · Score: 0

      Look, another Trump voter being eaten by its own guilt, desperately trying to justify itself "but, but Hillary would have been the same or worse!"

      Poor deluded idiots.

    5. Re:But but but TRUMP by Anonymous Coward · · Score: 0

      Well, Trump is known for short changing people. So where does that leave Hillary? The democrats are parasites and viral, ok more like a cyst, just sitting there and doing nothing but taking up space, pushing on nerves

    6. Re:But but but TRUMP by Anonymous Coward · · Score: 0

      Yeah! Obama would NEVER do something like this! Trump = Hitler!

  3. The Patriot Act by e3m4n · · Score: 3, Insightful

    Turning citizens into suspects since 2002.

    1. Re:The Patriot Act by Anonymous Coward · · Score: 0

      Turning citizens into suspects since 2002.

      Since you posted on the same Internet as terrorists... then clearly you are a terrorist suspect.

  4. Stuart Smally Says by Anonymous Coward · · Score: 0

    O, me so horny, o me so horny! but at least I don't dry hump high schoolerz!

  5. The PATRIOT act is not a law. by jcr · · Score: 4, Insightful

    It is forbidden by the fourth and fifth amendments to the constitution. Any official exercising any of these usurped powers violates their oath.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:The PATRIOT act is not a law. by Ungrounded+Lightning · · Score: 5, Insightful

      The PATRIOT act is not a law. It is forbidden by the fourth and fifth amendments to the constitution. Any official exercising any of these usurped powers violates their oath.

      True.

      Unfortunately, until the Supreme Court has ruled that way, it can be used to harm you just as effectively as if it were a law. B-b

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    2. Re: The PATRIOT act is not a law. by Anonymous Coward · · Score: 0

      Which we can do exactly nothing about. This president has proven, over and over again, that he is above the law, and people cheer him with the quintessential "thunderous applause."

    3. Re:The PATRIOT act is not a law. by rtb61 · · Score: 0, Troll

      Besides, who wants the end of the patriot act. It took Israel and Saudi Arabia working together with the silence of the US government to crash planes into buildings, murdering a whole bunch of people and murdering more with a pretty blatant false flag anthrax attack to bring in those laws (they even had to set up a patsy and suicide them to get away with it, do you want to be the next patsy). Do you seriously want the Israelis to murder more Americans, how many next time, tens of thousands to force those laws back in, so the Israeli government can control the American people, are you willing to pay that price again? It certainly seems like you have zero interest in prosecuting the crimes of the Israeli government against the American people. Drop the patriot act and they will attack you again to force it back in, total control of the American people all of the time, by the government, not the US government of course but the Israeli government, you guys are gullible schmucks https://en.wikipedia.org/wiki/.... Learn to accept you are puppets of the highest bidder and they wont make you suffer as much, oh you will still suffer but not as much.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:The PATRIOT act is not a law. by viperidaenz · · Score: 1

      It is a law until a judge rules it unconstitutional
      Until then, any official exercising any of those powers is doing their job. It's not their place to question the laws that congress have passed.

    5. Re:The PATRIOT act is not a law. by Anonymous Coward · · Score: 0

      Unfortunately, neither you nor anyone else here is qualified to make that judgment. The only people who are, are the supreme court - as guided by such various lower courts as direct cases to them.

      Guess which is the *one* branch of government to which Mr Trump has been appointing his cronies just as fast as he can?

    6. Re:The PATRIOT act is not a law. by psycho12345 · · Score: 1

      Except this is the great weakness of US law: It is legal until challenged. I would bet there's dozens of laws on the books that would be ruled unconstitutional in a heartbeat if they were actually challenged. But usually they don't affect anyone, don't affect anyone worth mentioning, or no one has standing.

    7. Re: The PATRIOT act is not a law. by Anonymous Coward · · Score: 0

      Pfffff

      There are always ways to " do something about it ", you just need to be willing to work as they do.

      Outside the law.

    8. Re:The PATRIOT act is not a law. by jcr · · Score: 1

      neither you nor anyone else here is qualified to make that judgment

      The hell I'm not. I can read English, and the language of the bill of rights is not ambiguous.

      The only people who are, are the supreme court

      Tell it to Korematsu.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    9. Re:The PATRIOT act is not a law. by fafalone · · Score: 1

      Yeah well so is the entire war on drugs, half our military actions, and a good part of the government itself. Unfortunately being obviously against the constitution doesn't actually mean anything when the court lacks the integrity to say so.

    10. Re:The PATRIOT act is not a law. by Anonymous Coward · · Score: 0

      They'll only stop over their dead bodies.

      So get to it.

    11. Re:The PATRIOT act is not a law. by thegarbz · · Score: 1

      What's this "constitution" thing? Asking for a friend.

      - Trump.

    12. Re:The PATRIOT act is not a law. by Anonymous Coward · · Score: 0

      They'll only stop over their dead bodies.

      So get to it.

      You mean they'll step over the dead bodies of those who get in the way.

    13. Re: The PATRIOT act is not a law. by Zero__Kelvin · · Score: 0

      He has proved no such thing. The wheels of justice turn slowly, but the DO turn.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    14. Re: The PATRIOT act is not a law. by Zero__Kelvin · · Score: 2

      In most cases those laws stay on the books through selective enforcement. For example the police arrest people if they know they are not in a position to fight it, but if they know you have the means to do so they would never dream of it. Most people don't understand that a law can be illegal. I can't tell you how many times someone told me "of course they can do that ... It's a law!"

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    15. Re: The PATRIOT act is not a law. by Zero__Kelvin · · Score: 1

      We know it's not Trump. The tiny fingered Don doesn't *have* friends!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    16. Re:The PATRIOT act is not a law. by Wrath0fb0b · · Score: 1

      I agree with your first sentence. If I were a judge, I might even rule that way.

      But, our opinions aside, how is your second sentence different from the gold-fringers, sovereign citizens and other people that believe their interpretation of the Constitution or the law supersedes that of our organized government?

      I really don't think you are wrong, but we can't operate as a society if we don't respect the outcome of the dispute resolution system even when disagree with the reasoning. That's why I draw the line between the first sentence (opinion about how the law ought to be interpreted) and the second sentence (statement that your opinion is dispositive about officials carrying out their oaths).

    17. Re:The PATRIOT act is not a law. by Anonymous Coward · · Score: 0

      Unfortunately, until the Supreme Court has ruled that way, it can be used to harm you just as effectively as if it were a law. B-b

      Yes, unfortunately it is a "law" even though it is clearly unconstitutional to spy on American Citizens inside the United States. And given the secrecy around these activities it is nearly impossible to show standing in court to challenge the law based on theoretical constitutional violations in secret practice.

      And even then, the Supreme Court is very political despite what anyone wants to believe... so it is very unlikely to overturn a law based on it being a violation of the constitution as long as it has enough political support.

      And the very fact that the law gets reauthorized and modified makes it impossible to get standing long enough (even with leaks) to get it taken up by the Supreme Court before the order or program expires... and then people are unable to prove that it is still happening and they lose standing all over again. Pretty much a constitutional shell game... yes your rights are being violated, but unless you can prove it then the courts are going with a hear no evil and see no evil approach to government abuse of power.

    18. Re:The PATRIOT act is not a law. by fustakrakich · · Score: 1

      The voters don't care, and if they can't be bothered, how do you think anything is going to change?

      --
      “He’s not deformed, he’s just drunk!”
  6. FISA Court by AHuxley · · Score: 4, Insightful

    Thats one busy rubber stamp approving all the warrant applications.

    --
    Domestic spying is now "Benign Information Gathering"
  7. Descent by Anonymous Coward · · Score: 0

    Everyone on /. seems to understand where the Patriot Act and its ilk lead, so I won't go over that, but I have noticed that these kinds of articles repeatedly pop up. There was an insightful post a while back saying that these kinds of things are like a cron job; every time it fires, the government makes another attempt to erode our freedoms, and on occasion, they succeed. So the obligatory question is: what can we do about it? How do we stop this?

    1. Re:Descent by AHuxley · · Score: 1

      Create another Church Committee report. https://en.wikipedia.org/wiki/...
      This time stop the domestic spying rather than creating a rubber stamp court to keep it going.

      --
      Domestic spying is now "Benign Information Gathering"
  8. New Constitution by Anonymous Coward · · Score: 0

    Use what works. Ignore what doesn't.

    1. Re: New Constitution by nehumanuscrede · · Score: 1

      Stop and think about that idea for a moment.

      Given the current think-state of the US government over the past few decades, would you really want these idiots to rewrite the constitution ?

      These are the very same idiots who WROTE the Patriot Act. The same idiots who like to exempt themselves from the laws they create.

      The same idiots who think it's perfectly fine to spy on everyone ( else ) for any reason and hide all of their illegal bullshit behind a veil of secrecy.

      You want these folks to rewrite the only fucking thing that currently protects any hint of a right at all ?

      Are you insane ?

  9. What happened to the sanctions? by Anonymous Coward · · Score: 1

    So what happened to the sanctions against Russia with the deadline of 1st October??.... Nothing, it passed, Trump did nothing about it, spineless Repubs did not say a word. Foxsky Newsky quiet sides with Russia, never mentions it.

    Here's the thing, as long as he hasn't signed their tax bill yet, Trump can do whatever he wants because Republicans need him to sign it. He can interpret FISA court approvals as substitute for laws, he can simply flat out ignore laws Congress passes, FFS he can even create a death squad funded by Russia's Direct Investment Fund to kill his enemies*.

    Republicans will do nothing because they want their tax bill signed. Putin could march in the Whitehouse and declare direct rule, and they'd be fine as long as he promises to give them each their $4.4 million tax break.

    * Yeh, there is no low point that can't be undercut:
    https://theintercept.com/2017/12/04/trump-white-house-weighing-plans-for-private-spies-to-counter-deep-state-enemies/

  10. Law? There is no law. by DontBeAMoran · · Score: 5, Insightful

    ...the Trump administration has decided that the National Security Agency and the FBI can lawfully keep operating their warrantless surveillance program even if Congress fails to extend the law...

    So, the government can "decide" to say they're still within the law even if the law doesn't exist.

    How different is that from the old USSR or post-WW2 Germany, exactly?

    --
    #DeleteFacebook
    1. Re:Law? There is no law. by TheGratefulNet · · Score: 2

      How different is that from the old USSR or post-WW2 Germany, exactly?

      words in english tend to be shorter.

      other than that, not much diff at all!

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Law? There is no law. by locater16 · · Score: 2

      It isn't, welcome to modern America!

    3. Re:Law? There is no law. by Anonymous Coward · · Score: 0

      The calendar year.
      That is all.

    4. Re:Law? There is no law. by AHuxley · · Score: 1

      Re How different is that from the old USSR or post-WW2 Germany, exactly?
      The old USSR had a fear of West Germany been a base for another invasion. Again.
      West Germany had a fear of Soviet spies and East Germans pretending to be good West Germans.
      Another fear was the files East Germany and the USSR had on West Germany mil/gov and their work before 1945.
      Would people in West Germany be blackmailed by East Germany due to their 1945 past? Too many people in the West German gov/mil had ww2 secret pasts.
      In East Germany the fear was the CIA, West Germany, MI6, the GCHQ, NSA. CIA backed NGO groups.
      East Germany also had some doubts that the USSR would really support them and was doing secret deals with West Germany.
      East Germany would have had some good spies but for a constant need to support Communist revolutions around the world in really bad ways.
      Nations around 1970-80's South Africa became very aware of East German spies. Silvermine in South Africa was kept busy.

      The USA feared for all its billions in global collect it all spying a well placed Soviet spy was sitting in the US mil reading all the results in real time on a good US gov wage.
      The Soviet Union was just still using human spies and getting results for free.
      They why the CIA and NSA did all the domestic spying. They could not trust their own contractors. Everyone in the USA had to be watched for signs of contact with the USSR.

      The UK was busy looking at the USSR, West and East Germany. West Germany kept UK spies very busy due to EU trade deals. East Germany was just for practice and to keep spy skills up.
      A lot of UK spies got used in the USA watching Irish groups in the US sending support and cash to Ireland. That support was stopped in the US.

      Every side could tell its spies they had very real reasons to be spying.

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:Law? There is no law. by bill_mcgonigle · · Score: 1

      Their people didn't rise up in resistance either and look what happened to them.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Law? There is no law. by Anonymous Coward · · Score: 0

      How different is that from the old USSR or post-WW2 Germany, exactly?

      All the pictures are in color now.

    7. Re:Law? There is no law. by Anonymous Coward · · Score: 0

      ...the Trump administration has decided that the National Security Agency and the FBI can lawfully keep operating their warrantless surveillance program even if Congress fails to extend the law...

      So, the government can "decide" to say they're still within the law even if the law doesn't exist.

      How different is that from the old USSR or post-WW2 Germany, exactly?

      Because of circular reasoning... the courts have never ruled that the law is unconstitutional so it must already be within the government's power even when not specifically authorized by Congress. This is what it looks like at the bottom of the slippery slope.

      What it really means is that the systems for mass surveillance are in place and they don't need the law as much anymore to convince people that they should just stay up and running as they needed it to build it up in the first place.

    8. Re:Law? There is no law. by Anonymous Coward · · Score: 0

      "So, the government can "decide" to say they're still within the law even if the law doesn't exist."

      "How different is that from the old USSR or post-WW2 Germany, exactly?"

      We know about it. That's about it. We have even less spine than we did back in the 1950s. Trump and the GOP make McCarthy look like a goddamn liberal commie beta cuck faglord.

  11. Meh, what a ya gonna do? by rsilvergun · · Score: 1

    Unless you can get the electorate to stop voting in "tough on crime" politicians then you're never going to see this go away. You'd need a top down approach of people willing to uphold the letter and spirit of the law. You'd also need to keep those people in office so they could remake the courts that have long since been staffed with the kinds of judges who favor all this. That usually means decidedly left wing people (most "libertarian" politicians turn tough on crime once they're in office). Folks are too worried about their taxes going up or their corporate overloards getting angry over their voting choices to vote that way.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  12. VERY GOOD jcr (mod jcr up to +5)... apk by Anonymous Coward · · Score: 0

    See subject & I'd like to know if President Trump is for this himself, personally - not his staff or others. If so, it'd be the 1st thing I do NOT agree w/ him on.

    APK

    P.S.=> Above all else though per my subject - thank you for that information & your thinking it out that way - I wasn't aware of that... apk

  13. shocking discovery! by Anonymous Coward · · Score: 0

    there are 12 months in a year rather than 9... more news at 11....

    As for it being Trump... this is the same "deep state" part of government that has been leaking everything it can to hurt him, been actively working against him, and whose recently-replaced leaders have been going on TV denouncing him as untrustworthy. It's chilling to have to say it, but it's possible the "deep state" types have become so addicted to spying on American (up to and including Pesidentia candidates) that they are no longer willing to even pretend to obey the laws and are fully-intending to just go right on spying no matter what the laws say.

  14. Schism/seccesion now by slshdtisctrldbysjws · · Score: 1

    If you care about liberty, if you care about freedom, you should be devoting your thought to separating from this system. There is no fixing this. It simply has to die. We need to construct a viable alternative to pick up the pieces when it does.

    --
    My karma was manually wiped by site staff https://slashdot.org/~slshdtisctrldbysjws 18 mod up, 10 mod down = bad karma
    1. Re:Schism/seccesion now by currently_awake · · Score: 1

      Power corrupts, and bad people work to get in positions of power. We still haven't found a solution to those problems. And no, having new people just means the government can't do their job properly and gets taken advantage of easily.

    2. Re:Schism/seccesion now by slshdtisctrldbysjws · · Score: 1

      That is a lie. There is no solution to the problem of power. Because there is no problem - other than the people themselves. They are disingenuous lazy scum who will inevitably be selected against by nature.
      Power always exists. Because some who hold it become corrupt does not mean there is a problem with power. That is power fulfilling its natural role. A bad ruler cannot live for long, he will run his system to failure, probably at the cost of many lives. He takes down all of his followers. And as the world shrinks, it finally comes to the point where the rotten have no where to run.

      The "solution" is to have many powers of similar magnitude to compete.
      As humans we can realize this and apply our will to this end. Or we can wait and have nature establish this the hard way - at the cost of huge proportions, no doubt the vast majority, of the populations' lives.
      The current consolidation of power will be a divine gift to those who survive its downfall.

      --
      My karma was manually wiped by site staff https://slashdot.org/~slshdtisctrldbysjws 18 mod up, 10 mod down = bad karma
    3. Re:Schism/seccesion now by Anonymous Coward · · Score: 0

      Look up what happens in revolutions, or any other power vacuum...

  15. warrantless by Reverend+Green · · Score: 1

    Rubber stamps? We ain't got no rubber stamps. We don't need no rubber stamps. I don't have to show you any stinkin' rubber stamps!

  16. The 4th amendment by jfern · · Score: 1

    Maybe it should be mandatory for judges to learn about the 4th amendment?

  17. "Patriot Act" by Anonymous Coward · · Score: 0

    There's nothing more unpatriotic.

  18. We don't need to pass laws anymore! by Anonymous Coward · · Score: 0

    If we decide we can do something then we can. If we decide you can't do something then you're fucked!

    We don't need no steenkin laws!

  19. Laws? by TheZeal0t · · Score: 1

    Laws? We don't need LAWS where WE'RE going!

    1. Re:Laws? by Anonymous Coward · · Score: 0

      I think the quote you're looking for is "WIR BRAUCHEN KEIN GESETZBUCH! RECHT IST WAS DEM DEUTSCHEN VOLK NÜTZT!"

      Sorry lameness filter, but the guy was actually screaming it. In court.

  20. A too-seldomly occurring reminder by slshdtisctrldbysjws · · Score: 1

    Everything we do electronically or with a connected device attached to our persons is being monitored and recorded by the corporate/government system in order to create a psychological model of the population with individual resolution for the purpose of predicting and controlling our thoughts and actions.

    Seems to be working well to divide us. When will people get a grip on this horrible truth and stop being so easily redirected to attack each other rather than the perpetrators? This seems to be the end of the long-established civilizations.

    --
    My karma was manually wiped by site staff https://slashdot.org/~slshdtisctrldbysjws 18 mod up, 10 mod down = bad karma
  21. when do the treason trials and executions begin? by Anonymous Coward · · Score: 0

    someone please restore the constitution

  22. Because you're an anti-patriot and... by Anonymous Coward · · Score: 0

    traitor to the country and cause if you dare to question your glorious elected leadership's stances on the legality of their illegally worded legislation.

    Say, does this sound like the sort of things that happen in any other country, comrade?

    Yeah. I'm glad I'm not a patriot, because the shit America has done in the last 20 years directly contradicts my first ten years of indoctrination as a US citizen during the latter years of the Cold War, when the rhetoric was still strong, and at least a quarter of the elementary school teachers dated back to WW1.