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

Posted by BeauHD on from the business-as-usual dept.

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.

8 of 68 comments (clear)

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

    Turning citizens into suspects since 2002.

  2. 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 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
  3. FISA Court by AHuxley · · Score: 4, Insightful

    Thats one busy rubber stamp approving all the warrant applications.

    --
    Domestic spying is now "Benign Information Gathering"
  4. 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?

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    #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!