Phantasms of Freedom, Legislational Analysis, And For Other Purposes.

104  2015-05-14 by JamesColesPardon

"We have been told of phantoms and ideal dangers to lead us into measures which will, in my opinion, be the ruin of our country. If the existence of those dangers cannot be proved, if there be no apprehension of wars, if there be no rumors of wars, it will place the subject in a different light, and plainly evince to the world that there cannot be any reason for adopting measures which we apprehend to be ruinous and destructive."

That is a quote from William Grayson, a lawyer, soldier and statesmen in Virginia at the birth of the United States under the US Constitution, from The Debates in the Several State Conventions on the Adoption of the Federal Constitution, Philadelphia, 1876, 5 vols., III, 274-79.

I bring it up because there’s a conspiracy afoot ladies and gentlemen, and it’s my duty to tell you about it. I was new teenager during the infamous 9/11 Event, which brought us the USA PATRIOT ACT. You may also recall that the USA PATRIOT ACT is an amalgamation of two bills, which was introduced in the Senate on 10/4/2001 and House on 10/2/2001.

You will also recall, that the USA PATRIOT act was read and passed in both chambers of Congress and signed by the president in 3 days (10/23 to 10/26).

Jim – why are you talking about the USA PATRIOT ACT? Your title refers to the US FREEDOM ACT?!

I bring it up because I noticed a few similarities between the two bills, and the most ironic and obvious one is that both bills were introduced by the same guy, James Sensebrenner. Interesting, eh?

But the main point is that with the passage of the USA FREEDOM Act in the House, it really needs only a few days to make it happen. And it just so happens that the Senate is in session this weekend, so this could happen as soon as Monday, so if we’re going to get the word out on this, it has to be now.

Now, onto why I posted this thread yesterday as it was being voted on. Here is a link to the full text of the bill. It’s 124 pages, and I’m going to go section by section and let you know what’s going on here. Then we’ll have established a historical parallel, a sense of urgency, the specific issues, and we can move on to what we can do about it. This post is going to be far too big, so I’m going to reply to this post with the specific sections I want to talk about initially (namely, Sections 101-103)

Section 101

Section 102

Section 103

There are many more sections, some of which give companies that produce tangible things indemnification from lawsuits for handing over this data. Also interesting, but I fear this post is already too long and need to finish it off to start a discussion. So, based on just these sections, the government can simply either declare an emergency based on the reasonableness of the AG, or use ‘specific selection terms,’ to continue bulk collecting your tangible things. And this a direct response to the supreme court ruling that bulk collection of data is illegal. From the New York Times a week ago:

WASHINGTON — A federal appeals court in New York ruled on Thursday that the once-secret National Security Agency program that is systematically collecting Americans’ phone records in bulk is illegal. The decision comes as a fight in Congress is intensifying over whether to end and replace the program, or to extend it without changes.

In a 97-page ruling, a three-judge panel for the United States Court of Appeals for the Second Circuit held that a provision of the U.S.A. Patriot Act, known as Section 215, cannot be legitimately interpreted to allow the bulk collection of domestic calling records.

But now, based on this (that could become law as soon as Monday after the Senate votes for it this weekend…), that practice can be made de facto legal again based on just some procedural changes with the way requests for tangible things are formatted.

Finally, and to wrap up – how many have asked yourselves:

Man, if I was as aware of things now as I was when the PATRIOT ACT was in the process of becoming law, I sure would make a stink about it and try and get everyone I know to read this stuff, understand this stuff, and encourage my senators to not vote for this and actually let my voice be heard…

You have that chance. Today. Read this stuff. Understand this stuff. And write to your senators. Call them and let them know (emails can easily be deleted, and snailmail is too slow for what I fear could actually happen). Write letters to the editors of your local (small town stuff is great and they will usually gladly print things for you from my experience) and metropolitan papers, specifically mentioning sections of this bill and how it is not good. Call out your senators by name stating that you are not for it. And be sure to publically thank the 88 representatives who voted Nay for this (you can find the roll call vote here and call out those that voted for it). The US House of Representatives have 2 year terms and are extremely vulnerable year-to-year regarding elections, regardless of what the media tells you. Rally enough people in your district against the surveillance state, starting now, and come primary time in a year, get someone else in there challenging them on these issues, because this slope is slippery and in my experience never gets scaled back unless the public itself forces it to scale back.

It’s up to you all now. Stop reading what the newspapers and news agencies tell you and read this stuff yourself. Stop waiting to be informed (and sure, this includes my post here too). Inform yourself. Inform others. And bring it up at work today if you can, and ask just one person if they heard of this bill and what they think about it, and try and show them that it isn’t really what the title of the bill says (FREEDOM) or what the media is reporting it to be. Because we’re going to need as many people as we can get.

Vincit Veritas, ladies and gentlemen.

-Jim

58 comments

Here's the thing that a lot of people probably don't realize regarding most of the corruption in the world: it is legal. The laws are written by the people involved with the corruption.

They use vague and misleading language, doublespeak, implication, subtlety to hide this among their laws which are in many cases, like this one, hundreds of pages long. So long that even people who are aware of them will have trouble sifting through all of the details.

Take the NDAA as an example. Hundreds of pages long, most of it innocuous or mostly irrelevant or things that most people will read and think nothing of. But buried in there is S.1867 which literally makes indefinite rendition without trial of US citizens legal and the language used is vague enough that even if you knew about this part, you still may read it and not realize what's actually being said.

Make the "law" so convoluted and boring and complicated that the average person can't make sense of it or doesn't have the time to comb through it line by line and you're essentially inventing whatever laws you want without having to face the consequences of them.

Here's the thing that a lot of people probably don't realize regarding most of the corruption in the world: it is legal. The laws are written by the people involved with the corruption.

So would you say any sort of 'rise against the system' is futile since the laws are in place to prevent, diminish and dismiss that rise in the first place? Not trolling- legitimate question I've even been asking myself.

The more I try to find a way out of the system, or thought-game a way to end the corruption, the only end-game I come to is one where this system will ultimately be destroyed through it's own planned demolition. I just don't see the pleebs winning this war. They've done too good a job keeping us disorganized, distracted and disconnected.

Well define what you mean by "rise against the system". I do agree to some extent that trying to work within a corrupt system to fix that same corrupt system is sort of self-defeating and illogical but to answer your question: no, I don't think it's futile to fight this system.

Here's how I reach that conclusion: if it were truly futile, if we the people had no power at all, if we could never change anything or throw off the chains that bind us, then why are so much time/money/effort/resources spent in order to keep us disorganized, distracted and disconnected as you said?

With all of that said, I don't think the solution is necessarily to be found within the legal system for the reasons I outlined above. It's just too corrupt. The laws are written by the people in power so how can we ever use these same laws to fight these people in power? I think our efforts are (and will be) better spent elsewhere.

And the other end-game that I see is that the "Old World Order" just atrophies or buckles under the weight of its lies or cannibalizes itself and dies off on its own once the people realize they don't need it any longer and stop paying it the attention it so desperately wants to convince us it deserves.

If we're not going to be able to stop this 'through their own corrupt system', then you'll be asking people to make a united stand against it. Look at the Occupy movement. Were they able to get their core message of 'stop the corruption' anywhere? How well did that all play out? Outside of a violent revolution, the people just aren't going to get this country back. The corporatocracy (or whatever buzzword you want to slap on it) will defend their claim with everything they have and there's no other way through that without violent acts.

I just think most people, whether they want to admit to it or not, already feel so defeated just living day-to-day, that any sort of big-picture just isn't worth the bother to them. I had been trying to get a community garden going so neighbors can get some free foods. It was a bizarrely painstaking process of mitigating between defeatists, the "I want mine", and "peace and love all things" groups. There's that parable, where someone is going around trying to ask for help making a pie and no one offers any help, but once the pie is made, everyone wants their piece. It worked out exactly like that. Everyone loved the idea, but no one wanted to do anything to actually make it happen. This 'better world' without the 'buzzword rulers' that 'could be' is exactly like that.

The US is really like that matrix with a coating of Stockholm Syndrome- the people are too dependent on this system that the mere thought of being free from it, as oppressive as it is, is just unfathomable to them to the point that they love and will defend their oppressors. That's why so much time/money/effort/and resources have been spent- to get the people to that point.

stop paying it the attention it so desperately wants to convince us it deserves.

If only it were that easy, 'cause most people have already stopped paying attention to it. Kinda why we're where we are. But I get what you're laying down.

As easy as it is to stop paying it the attention it thinks it deserves, people just can't see anything but what has always been and will gladly subjugate themselves to it rather than face the reality of an unknown world where it no longer exists.

There's that parable, where someone is going around trying to ask for help making a pie and no one offers any help, but once the pie is made, everyone wants their piece. It worked out exactly like that. Everyone loved the idea, but no one wanted to do anything to actually make it happen. This 'better world' without the 'buzzword rulers' that 'could be' is exactly like that.

You're right, that's why you can't wait for anyone else to do it. Everyone is sitting around waiting for someone else to take the first step, but we all have steps we could be taking in our own lives and communities. Easier said than done though for sure.

That's why so much time/money/effort/and resources have been spent- to get the people to that point.

Agreed - but it's still being spent to keep them there (I guess I should say "us" considering I live in the US). The point is that if all was lost there would be no reason to try so damn hard to deceive us and keep us weak and fighting amongst ourselves. There simply would be no need for any of that if we were totally under control and all variables accounted for.

As easy as it is to stop paying it the attention it thinks it deserves, people just can't see anything but what has always been and will gladly subjugate themselves to it rather than face the reality of an unknown world where it no longer exists.

Yes but one of the major issues the world (particularly the US) faces though is that they don't realize how subjugated we all are. Everyone knows that "politicians lie" and "some cops are corrupt" and "some lawyers are two-faced" and "banks steal". But beyond that? Beyond the talking points? I don't think most people really know nor care nor really suspect.

I think this is the unknown world people are afraid of, exploring reality and history and the way the world works instead of just accepting what they've been told. It's hard to say what would happen if enough people did this though.

I think this is the unknown world people are afraid of, exploring reality and history and the way the world works instead of just accepting what they've been told

If I'm understanding you correctly, I disagree. I think that's more the world the elites fear, which is why they need more legislation like this, so they can make sure that people are behaving the way they are supposed to behave and at the very least, makes the people self-censor to keep themselves 'under the radar'.

The masses don't fear a world like that- they don't even give it a thought. They fear a world where the elite don't exist. Without them, they see no world where they can drive in their cars, get their easy food, watch their tv's, and enjoy the 'simplicities' a 1st world nation can provide. Most think that without these things, we'll suddenly be plunged into some archaic medieval agrarian society somewhere between Flintstones and Game of Thrones. As if all the technology and progress would suddenly just disappear and be rendered useless to all of society from that point forward.

The noose is gripping us tighter and tighter and still there is no major resistance to any of it. Boiling frogs & all that.

Western society is atomized and has been reduced down to an infantile state of dependence. It is the chemicals in the food (endocrine disruptors) and fluoride in the water and aluminum in the air.

Americans are obese, their thyroids destroyed, apathetic and devoid of the will to power or life itself.

then why are so much time/money/effort/resources spent in order to keep us disorganized, distracted and disconnected as you said?

The reality is that they are completely helpless and powerless. They cannot stop direct action.

They have to channel people's actions into futile action channels. They funnel them into voting, political parties, into lobbying, into thinking about "laws". The reality is that there is no "law". There is only enforcement.

So they pass a law banning X, Y, Z. Then you privatize your police force, so the police work for the citizens and are paid by the citizens, not the state or city. Then you decide "We are not enforcing these laws". They file property lien and they say "We are not enforcing the lien until it goes through our judge". Then the laws are meaningless.

So you can do three things

  • you can evade enforcement (move somewhere else, act like they do, denial infosec culture, etc)
  • you can increase enforcement costs (make enforcement more difficult)
  • you can coopt enforcement (police privatization, community representation and liaison with law enforcement, cut out external sources of funding)
  • you can end enforcement (cut funding for enforcement, outlaw sources of revenue)

They want you focused on "laws" and voting and left/right politics. When reality is that there is only enforcement. Existing political channels are designed as resource exhaustion attacks, to use up people's resources in futile efforts.

Texas understands this. Texas is going to ignore anything it does not like. So they are looking for an excuse to declare martial law and put federal troops in Texas and Arizona.

People protest and beg (learned helplessness) instead of just taking what they want or doing it. They are trained to go and beg the government to stop oppressing them or to give them things. When the correct response is to eliminate your dependency and resist efforts to impose dependency. The state will impose dependency, so you have to go through it as a gate keeper for everything you do. So that it can cut you off if you dont comply with a bundle of demands.

The groups have to be sub-divided and pitted against each other, to prevent the emergence of a unified group that can stand against the central power. Blacks must be pitted against whites, the left must be pitted against the right, occupy must be pitted against the tea party, gays must be pitted against Christians, men must be pitted against women and so on.

They pass laws to inflame tension between the groups and keep them divided. The state should not even be involved in marriage at all, because it is religious. Each individual church and pastor should decide their policy on gay marriage. Instead the state creates a "law" to inflame tension and false antagonist and turn it into an absolute "A or B" decision, where each individual was free to choose and not in conflict before.

Divide and conquer. Where differences do not exist, they must be created, to prevent the common interest from emerging and challenging the central power. The more false issues and false divisions and false crisises are created, the more room the central power has to manipulate, lie, enrich itself and grab power.

America is already doomed. This will end in a Stalin, very soon. Its too late. The next crisis will reduce people to helplessness and infantile dependence and they will beg for totalitarian rule and suffer any indignity or or oppression for stability and mere survival. They will accept any scapegoat and will tolerate any injustice.

The reality is that there is no "law". There is only enforcement.

This is a really good way of putting it.

Also I agree with everything else you said except for the last part where you basically suggest there's no hope and we're all doomed. Maybe it's just a glimmer of optimism where none should exist but I don't think all is lost yet. What's even the point of living if you actually think we're all going to die in a gulag somewhere?

Also I agree with everything else you said except for the last part where you basically suggest there's no hope and we're all doomed.

They have built torture and detainment centers on the Homeland, fusion centers and having been training and drilling for a decade. Before the last 9/11 attack there were hundreds of warnings. There were even dry runs and tests to see if they could get away with it, like the 1993 attacks. An FBI informant throught he was being setup as the fall guy and recorded all the telephone conversations and wore a wire into meetings. Then after the attacks were actually carried out, he sued the government and had hard evidence. It did not stop the complete media control. What it said was "We create reality" and that testimony, whistle-blowers, phone recordings could just be swept aside. That reality was the reality they manufactured and that physical reality no longer existed or mattered.

We are seeing the exact same thing today. The warning sights, the assassinations, the whistle blowers, the political maneuvers. After the next event, people will just get out their little plastic American flags and Hail Hitler and throw which which group into the concentration camps and ovens that is scape goated.

I am sort of getting sick of all of the fake terror threats, the FEMA drills, the media bullshit.

America does not face any real or credible external threats. It never has. All of its problems are self-inflicted.

I am not going to fight Hitler. If you are a Jew in Nazi Germany, fighting Hitler is a losing strategy. Everyone is going to hail Hitler or they are going to get out of the way.

Again I agree with your main points but not with your conclusions. Despite all of that, everything you typed out in your first paragraph and probably thousands of other data points, there are still people (and not to sound too circlejerky but people like you and I) who are catching on to these things, who are putting the pieces together. And there are probably millions more whose deeper understanding is lurking on the periphery, they suspect but don't ask for fear of what they may find.

Do you really think mass perception today is the same as it was on 9/10/2001? I was young at that time so it's possible I'm wrong but I see more people today questioning events and ignoring mainstream media and news than I can ever remember in my lifetime and these trends will in theory only increase as we move forward (barring an "event" like the one you alluded to).

I don't know, what you're describing is the worst case scenario. The NWO is implemented and the people bend over backwards to help their enslavers and fall for everything they say and do hook, line, sinker - but is that an inevitability? There are so many variables at play that I hesitate to jump to that conclusion and I don't know how you can be so sure.

To me it's just as likely that the opposite will occur. That the lightbulb will go off in the proverbial 100th monkey's brain and we'll simply realize, collectively, that we don't need the power structure for anything and let it atrophy and cannibalize itself.

:)

I would argue that any "law" that has the express purpose of legalizing criminal activity by the lawmaker ceases, by definition, to even be a law.

How is "criminal activity" defined? In the context of the law. So something that's legal can't be criminal by definition.

SEC. 102. Emergency authority.

(a) Authority.—Section 501 (50 U.S.C. 1861) is amended by adding at the end the following new subsection:

“(i) Emergency authority for production of tangible things.

“(1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General—

“(A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained;

Who decides what is reasonable? The AG? The FISA Courts (who approve 99.7% of warrants) Moving on.

“(B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists;

Theres that whole reasonable weasel word again. Take note.

“(C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection; and

Just tell a judge that the AG has a reasonable reason to need it and we're good to go.

“(D) makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 7 days after the Attorney General requires the emergency production of tangible things under this subsection.

“(2) If the Attorney General requires the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order be followed.

Phew. At least we got minimalization procedures...

“(3) In the absence of a judicial order approving the production of tangible things under this subsection, the production shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time the Attorney General begins requiring the emergency production of such tangible things, whichever is earliest.

“(4) A denial of the application made under this subsection may be reviewed as provided in section 103.

So, even if it’s denied we can still get it via 103. Nice. Don't worry - we'll get to it. And it's a doozy.

“(5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

So, even if he application is denied (remember there's that 7 day grace period for informing a judge...), they data they collect can **still be used as evidence as long as the AG indicatea that the i dormaton indicates a thdeat of death or serious bodily harm.

So. In sum,

The AG can claim emergency procedures, collect anything she wants, and can even use it in court if the request for tangible things (hashtag Orwellian) is denied.

I wonder if Rita Katz videos give reasonableness.

They're considered the height of credible journalism by main stream media, the government, and (default sub) Reddit, so I would guess "yes".

Ditto.

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

This section amends USC 50, section 1861, AKA "Access to certain business records for foreign intelligence and international terrorism investigations." It reads as follows:

(a) APPLICATION.—Section 501(b)(2) (50 U.S.C.1861(b)(2)) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking ‘‘a statement’’ and inserting ‘‘in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the manner described in subparagraph (C)), a statement’’; and

(B) in clause (iii), by striking ‘‘; and’’ and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph:

‘‘(C) in the case of an application for the production on an ongoing basis of call detail records created before, on, or after the date of the application relating to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism, a statement of facts showing that—

‘‘(i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to such investigation; and ‘‘(ii) there is a reasonable, articulable suspicion that such specific selection term is associated with a foreign power engaged in international terrorism or activities in preparation therefor, or an agent of a foreign power engaged in international terrorism or activities in preparation therefor;

What this does (and there is one more section that I’m not going to bother copying because it’s the same stuff, just amending another section farther down the US Code to be consistent with the above edits. The biggest thing I want you take away from this is that this legislation is amending and changing previous law, inserting sections, striking sections, reordering sections, and the law that this reads like today can easily be modified in the future. What am I getting at?

Well, as this legislation reads now, the Federal government can request ‘call detail records’ if they can state there is a reasonable suspicion that a foreign power or agent of a foreign power is reasonable for international terrorism. These limitations can easily be amended to include more than foreign powers or agents of foreign powers in the future.

SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.

(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as amended by section 101(a) of this Act, is further amended by inserting before subparagraph (B), as redesignated by such section 101(a) of this Act, the following new subparagraph: ‘‘(A) a specific selection term to be used as the basis for the production of the tangible things sought;’’.

(b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is amended— (1) in paragraph (2)(A), by striking the semicolon and inserting ‘‘, including each specific selection term to be used as the basis for the production;’’; and (2) by adding at the end the following new paragraph: ‘‘(3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2).’’.

Got it? This section is amending 50 USC 1861 again, under the guise of limiting bulk collection.

I’m going to post the original section as is (and found in the link above), and then reorganize it according to Sec 103 here and you tell me how this limits anything.

Before:

(b) Recipient and contents of application Each application under this section— (1) shall be made to— (A) a judge of the court established by section 1803 (a) of this title; or (B) a United States Magistrate Judge under chapter 43 of title 28, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and (2) shall include— (A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of the facts that they pertain to— (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation; and (B) an enumeration of the minimization procedures adopted by the Attorney General under subsection (g) that are applicable to the retention and dissemination by the Federal Bureau of Investigation of any tangible things to be made available to the Federal Bureau of Investigation based on the order requested in such application.

(c) Ex parte judicial order of approval (1) Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and (b), the judge shall enter an ex parte order as requested, or as modified, approving the release of tangible things. Such order shall direct that minimization procedures adopted pursuant to subsection (g) be followed.

(2) An order under this subsection— (A) shall describe the tangible things that are ordered to be produced with sufficient particularity to permit them to be fairly identified; (B) shall include the date on which the tangible things must be provided, which shall allow a reasonable period of time within which the tangible things can be assembled and made available; (C) shall provide clear and conspicuous notice of the principles and procedures described in subsection (d); (D) may only require the production of a tangible thing if such thing can be obtained with a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things; and (E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a).

Now, after:

(b) Recipient and contents of application Each application under this section— (1) shall be made to— (A) a judge of the court established by section 1803 (a) of this title; or (B) a United States Magistrate Judge under chapter 43 of title 28, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and (2) shall include— (A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of the facts that they pertain to— (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation; and ‘(A) a specific selection term to be used as the basis for the production of the tangible things sought;’

(B) an enumeration of the minimization procedures adopted by the Attorney General under subsection (g) that are applicable to the retention and dissemination by the Federal Bureau of Investigation of any tangible things to be made available to the Federal Bureau of Investigation based on the order requested in such application.

(c) Ex parte judicial order of approval (1) Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and (b), the judge shall enter an ex parte order as requested, or as modified, approving the release of tangible things. Such order shall direct that minimization procedures adopted pursuant to subsection (g) be followed.

(2) An order under this subsection— (A) shall describe the tangible things that are ordered to be produced with sufficient particularity to permit them to be fairly identified, including each specific selection term to be used as the basis for the production;

(B) shall include the date on which the tangible things must be provided, which shall allow a reasonable period of time within which the tangible things can be assembled and made available;

(C) shall provide clear and conspicuous notice of the principles and procedures described in subsection (d);

(D) may only require the production of a tangible thing if such thing can be obtained with a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things; and

(E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a).

(3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). Get it? They just added that they needed a ‘specific selection term’ in b(2) (in order to obtain records), and then stated in the ‘ex parte judicial order of approval’ section that as long as there is a ‘specific selection term’ in the request it’s legal. According to them, of course. And since we know they listen and log everything that is electronic at this point, they will have no problem and no shortage of ‘specific selection terms’ to use. This doesn’t limit anything. And even if it did, the AG can utilize section 102 as an ‘emergency,’ defined only by the legalese term reasonable, to continue collecting these ‘tangible things’ that third parties are requested to produce.

Do you know how they are defining 'tangible things' within the context of this bill? That phrase is so disturbingly ambiguous.

Best I could do:

(a) Application for order; conduct of investigation generally (1) Subject to paragraph (3), the Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.

From US Code 1861 found here.

Yeah, that's what I was afraid of, it is as bad as it sounded.

So, by this logic, any record they can deem a 'tangible thing' and it now falls under the scope of and covered by this legislation? Way to circumvent every privacy law ever, government. golf clap

The are good at this. That's for sure.

Well, they've had decades of practice to perfect it. Is it weird that I'd be disappointed if they weren't this good at it by now?

Nah. I'm impressed too.

Apparently the legal definition of "tangible" is merely to disintinguish it from "intangible" (intellectual) property. It includes real and personal property. That is to say, yes, it can be literally anything, from records to automobiles to real estate.

Russ Feingold is running for Senate again. Only vote against the original Patriot Act after 9/11.

When he was in the U.S. Senate, Russ was one of our country's most inspiring progressive champions. Who can forget the prescient and courageous vote he cast against the Patriot Act in 2001 -- the only Senator to stand against it in a 98-1 landslide. As he joked years later, "I took a very unusual step. I read the bill."

From fighting to get corporate money out of politics (remember "McCain/Feingold"?) to his gutsy vote against the Iraq War, Russ did the right thing even when it wasn't what pollsters told him to do.

Click here to stop Congress from renewing the PATRIOT Act

How do you make an immoral act moral, without changing said behavior at all? It can't be done. A house of cards built on lies, held up by the masses. Like ever other state.

How do you make an immoral act moral, without changing said behavior at all? It can't be done.

Ah, but you can. Simply link morality with the law, and then alter the law.

At least that's how these people do it.

Man, if I was as aware of things now as I was when the PATRIOT ACT was in the process of becoming law, I sure would make a stink about it and try and get everyone I know to read this stuff, understand this stuff, and encourage my senators to not vote for this and actually let my voice be heard…

As someone who has been trying to tell people about this shit since before the passage of the original PATRIOT Act, without any real success, I've come to a different tack.

Calling Senators? Why bother? They are ideological fascists who agree wholeheartedly with the ideal of treating law abiding citizens like terrorists, to include torture and indefinite detention.

They don't care. They like the idea of torturing people. Calling them is fucking worthless.

No, at this point, given how many people in this country (plebes, even) just seem to love the idea of hardcore psychotic fascism, I saw let them have it. It's practically inevitable. If they want, so badly, to live in a totalitarian shithole, and fight at every opportunity against anyone who does not, well then. Who am I to say they shouldn't get the totalitarian shithole they so desire?

The faster it goes to shit, the faster the system can be dismantled. And there's no changing the system from inside of it.

/rant off, sorry for the cynicism, great post.

As someone who has been trying to tell people about this shit since before the passage of the original PATRIOT Act, without any real success, I've come to a different tack.

Calling Senators? Why bother? They are ideological fascists who agree wholeheartedly with the ideal of treating law abiding citizens like terrorists, to include torture and indefinite detention.

I'm in agreement with you, for the most part. I'm not some new poli sci grad at this point, just a concerned citizen.

I do, however, enjoy the possibility of being able to get a message against the surveillance state out there, while exposing some propaganda, and possibly at least getting a response from the American House of Lords. Triple whammy. And I agree, just calling individually is a waste, but letters to local newspapers naming names and speaking out puts me on the record of being against this, which is important.

They don't care. They like the idea of torturing people. Calling them is fucking worthless.

I agree, for the most part (see above).

No, at this point, given how many people in this country (plebes, even) just seem to love the idea of hardcore psychotic fascism, I saw let them have it. It's practically inevitable. If they want, so badly, to live in a totalitarian shithole, and fight at every opportunity against anyone who does not, well then. Who am I to say they shouldn't get the totalitarian shithole they so desire?

You are your own man, my man. This is just a way for me to try and motivate others to be outspoken and respectfully poont out the literal newspeak in the media.

The faster it goes to shit, the faster the system can be dismantled. And there's no changing the system from inside of it.

It sure is fun to watch. I'll give you that.

/rant off, sorry for the cynicism, great post.

No apologies necessary.

Loong days and pleasant nights, friend.

If calling them don't work explain how the net neutrality was stopped from users on reddit getting motivated enough.

I think it's impossible to make a definitive call over what the the final reasoning was, but there was big money on the side of net neutrality as well as against it. Internet companies, whose profit model was dependent on getting their data to and from consumers, and the Silicon Valley VCs who had money tied up in these companies lobbied hard for net neutrality.

Could tell them about how it allows the government to see their penis.

Cantheyseemydick.com

Fax 'em, too! Email is ignored & autoreplied to, snail mail takes ages due to screening. Faxes get printed and piled and make an impression.

Hi Jim I am Bobby. Just a normal us citizen that don't understand why this should be important to me enough to care about.

This sounds like its for law breakers and that sort. Even if they have been collecting data on me since the patriot act I have never had it effect me. So what's the reason to care about it now?

I am not trolling I would like to know how this is important before I start calling every mother fucker including Santa clause. Because if it is worth doing then I will.

Thanks.

Hi Bobby, nice to meet ya.

You're absolutely right, this is for law breakers. But I haven't done anything wrong- not in a LONG time anyway. We were all teenagers, once, right? lol. Anyway, I never plan on doing anything wrong. I just try to be a good person. I wake up, go to work, enjoy drinks with friends when I can, read a lot, and annoy my g/f by playing too many video games. That's my life, man.

Yet, my government already thinks I, and a lot of people, are a criminal and are now actively treating us like one, even though we haven't done anything wrong.

All I want to do is go about my days without having to self-censor what I put 'out there' for fear of its retention and re-use to further criminalize me in their eyes.

Ok I am playing devils advocate here so some people that stumble across this can read from someone that isn't trying to derail the convo ok? These are legitimate questions someone would ask.

The 72 reasons listed in that link are blanket statements and targeted for certain scenerios. Have you even been targeted by a government agency?

You are a mod of a subreddit that pretty much encompasses most if not all those reasons. So it would stand to reason you should be a target.

I have witnessed police brutality from news and even had it happen to myself. I voiced my concerns and action was taken. Now the document you listed is pretty much granting the government the ability to just search or collect data on anyone saying it will make us safer. Is that a fair statement?

We haven't had another terrorist attack since then so I don't understand why we can't just keep shit the way its been. It puzzles me why we need more or revamped shit in place, but I don't see how that gonna effect me.

Its sounds like paranoia and fear that is guiding you. That's me of course. When they passed the patriot act it said all these things would happen but I didn't see them. Sure during times it seemed like it such as the Boston bombing or sandy hook. When the police state went into full attack.

Everyday life isn't effected so being a target of something if they wanted to do so seems like it would be justified.

You are a mod of a subreddit that pretty much encompasses most if not all those reasons. So it would stand to reason you should be a target.

I'm not a mod. But I would agree that even posting here ecompasses many things on that list.

We haven't had another terrorist attack since then so I don't understand why we can't just keep shit the way its been

I haven't had any Bear attacks in my neighborhood in 15 years either. Good thing I pay into that Bear Defense Fund to keep them away. /s

That really is a VERY weak stance to take, though. Seriously, the Boston Bombing Brothers were reported to the FBI multiple times- that didn't seem to stop anything. The instances where the authorities have 'stopped' terrorist acts are lessons in how the government can manipulate weak-minded and weak-willed people more than it is a case of "We stopped terrorists who really wanted to hurt America"

Everyday life isn't effected

I'm sure you remember everyday life before the US PATRIOT act. Can you honestly say that these laws haven't effected everyday life?

so being a target of something if they wanted to do so seems like it would be justified.

That's part of the problem, their justifications "for doing so" are so ambiguous that they may as well just say 'everyone who breaths'.

Have you even been targeted by a government agency?

I'll answer this first with TL;DR Actually, yes and through all of it, the agency comes off far more afraid and paranoid than I ever could. Feel free to continue for the not-so-cool-story-bro.

In 2003 I was working for a community image marketing company producing relocation videos. "Move here, we're a great place to live, work, and raise a family". I was traveling heavily. 49-50 wks out of the year from 2002-2007 I was in another town in another state.

In this instance, I was getting footage of a naval base. I had permission from the commanding officer to videotape signage and monuments. This permission was received 3-rd hand, i.e. the Mayor's office called and spoke with them on my behalf. That's all I did. The only footage I took was of the signage and a submarine monument. While filming this monument I was tackled from behind- didn't even see it coming as I was looking through the eyepiece on my camera, hit with the butt end of a rifle, detained and interrogated for 4 days.

They insisted I was "up to" something. They insisted that every phone number I gave them to verify my employment, who I was, and what I was doing was just "someone sitting in a room waiting for that phone to ring to verify my bullshit". I was not allowed any phone call. I was not given proper toilet facilities. I wasn't beaten save for the initial detainment, but I was most assuredly felt abused. When they finally did get around to actually contacting the mayor's office (4 days later) they let me go, but not without telling me that "we'll be watching you".

Throughout 2003 and into 2004 I had multiple run-ins with the FBI. Random bank in some town was robbed, I was in that town a week before- detained for 3 days because I helped plan it. Random murder in this town, I happened to be working the next town over- detained for 2 days because my alibi doesn't completely check out. For 18 months, at least once a month, some with the frequency of multiple visits in a week, I was harassed and accused of atrocious actions, disappeared for days at a time with almost each occurrence. Anytime I would try to fly, which was every week, I'm pulled aside and 'interviewed' for at least an hour. This is guaranteed. Everytime.

I tried legal counsel, but best they could tell me was that everything they were doing to me was "on the up & up" but to make "things easier for everyone" I was given a handler in the FBI I had to conatct weekly and keep apprised of my travel itinerary. The one time I deviated from the itinerary, 5 or 6 months after this procedure started, I had an appendicitis. I woke up from surgery to agents guarding my room, because I'm a "threat to national security". The only reason any of the harassment stopped, was because I had finally quit the job. I haven't flown domestically since. The three times I've flown international, each time I was treated to a 30-min long phone call from the agency wanting to know what I was doing.

I went into that job trying to see new places, hone my production skills, and earn a living making videos for towns to help inform new residents of amenities and attractions. Somehow, I came out of it a terrorist in our government's eyes without ever doing a thing.

Its sounds like paranoia and fear that is guiding you

When a 23-yr old white kid from the suburbs is suddenly a "threat to national security" because he videotapes things- that kid isn't the one guided by fear and paranoia. The people making and enforcing these laws are guided by far more fear and paranoia than I can muster.

Thank you for that. Its what I wanted was a first hand account. Its important that people see the lengths they will go to show they were not wrong in the first place.

I have ready contacted. http://www.legis.state.pa.us/cfdocs/legis/home/member_information/house_bio.cfm?districtnumber=85

Twice today to voice my concerns. I didn't mean to seem like I was trolling. Also I thought you were op from how you started the first comment.

Its important that people see the lengths they will go to show they were not wrong in the first place.

And this is why legislation like this scares me. Now they can just collect whatever 'tangible things' they deem necessary and utilize it to paint whatever picture they feel is appropriatre that nesisitrated their invovlemnt in the first place. It's the tail wagging the dog and it really is absurd.

Makes me wonder if they will. I mean sure they can but I want to see the lengths they will go to cover their ass.

On the small-scale, look at all the no-knock raids where they had the wrong houses and the lengths they go to back-peddle guilt on those instances.

You have instances where stingray technology is utilized, but won't even be divulged or discussed to the point that court cases get dismissed over it. So clearly, they go a pretty long freaking way to cover their asses.

In one or two occurrences I was offered to work with them "Hey, if you do this stuff, we'll stop bothering you so much"- protest group infiltration BS. I said no, but clearly coercion is a tactic they use and I wouldn't be surprised if blackmail would enter the picture if given the opportunity to cherry-pick all 'tangible things' collected through all avenues of communication.

You are a mod of a subreddit that pretty much encompasses most if not all those reasons. So it would stand to reason you should be a target.

Also not a mod here. And I have had threatening text messages from rabdom Chicago-area code numbers as well as from my friend's numbers (who deny ever sending them), so some fuckery has been afoot here the last few weeks. Not official agency targetting, but I keep my nose clean, drive the speed limit and keep my hands at 10 and 2.

Got a mother fucker that sent me a message saying if I did t change my anti Semitic ways they would do to my 5 year old son what the Nazis did to the Jews.

Spent two days tracking that fucker down. Notified the cops and krispy crackers banned them after 5 hours. Was in relation to a person I knew was baiting me for srd. The fucks in srd were all oh it was just some kid blah blah. Defending them (they linked the comment and I got a user name mention)

Hope that fucker feels it for the rest of their life. Don't care about insults you know it's family threatening when I get vengeful and I wont let it go. There are ways to find out who is calling you.

Good for you. I knew it was an empty threat but definitely noted the spookiness of it. Glad you got some justice.

I didn't really. Never got a follow up on the progress that was made. Pretty sure it was a yeah file 13 this. Its ok thou I found them once pretty sure I can do it again.

10 and 2

They recommend 9 and 3 or even 8 and 4 these days. They claim that 10 and 2 is a relic from cars without power steering. I learned 10 and 2, but the dude was older, and who the hell knows what to believe anymore.

Ha! I remember that too but still say it because I figure it's most recognizable from us older people on the internets.

This sounds like its for law breakers and that sort.

Which is all good until the government is telling you that something you did is criminal and you want your due process.

Remember, there are far more laws out there than any one person can remember. You're probably breaking the law every day.

http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.aspx

Check out the link, all it takes is one person in a position of power to want to fuck with you or a zealous prosecutor and all of these laws can be abused.

Ok have you ever been targeted? Do you know someone that was?

At first they came for the people who imported lobsters in clear bags, but I did not speak up for I wasn't a person who imported lobsters in clear bags.

I have seen that before and know what you are talking about. I just haven't seen it effect me.

I don't see how legislation to thawrt criminals and terrorist is even on the same page as me.

Because most of the time it's written in language that is open for interpretation and it ends up being used on people other than the ones it was originally intended for.

Do you know of this happening? Have you seen it?

I used to put out energy trying to open people eyes to the problems we have as a society. I used to have conversations, cite sources, try to get people clued in. I have given up on all of that.

No offense to you personally, but people like you, who think that none of this pertains to you, are the reason I no longer participate in conversations concerning controversial topics. If you trust total strangers who contract to work for a the letter agency and go through all of your digital personal belongings, so be it. If you think there should be free-speech-free zones, fine.

But when, as history shows to be inevitable, the government is in total power and control and begins to use this power against you, your family, friends, co-workers, neighbors...You have to own that. You debated against those who warned you because you thought it would never effect you.

I no longer discuss these things in person, and very seldom online, because I've come to decide that people don't want to be lead, they want to be controlled.

You sound like a fascist.

You sound as if you are judgmental.

They can see your dick pics, or your families dick pics.

Cantheyseemydick.com

While it was funny (I saw the show) it still begs if you really care the government is eyeballing my dick.

Only if you do not have some sort of secret exhibitionism fetish where you enjoy them looking. If you do then more power to you and please flood them with as many as possible.

If we're not going to be able to stop this 'through their own corrupt system', then you'll be asking people to make a united stand against it. Look at the Occupy movement. Were they able to get their core message of 'stop the corruption' anywhere? How well did that all play out? Outside of a violent revolution, the people just aren't going to get this country back. The corporatocracy (or whatever buzzword you want to slap on it) will defend their claim with everything they have and there's no other way through that without violent acts.

I just think most people, whether they want to admit to it or not, already feel so defeated just living day-to-day, that any sort of big-picture just isn't worth the bother to them. I had been trying to get a community garden going so neighbors can get some free foods. It was a bizarrely painstaking process of mitigating between defeatists, the "I want mine", and "peace and love all things" groups. There's that parable, where someone is going around trying to ask for help making a pie and no one offers any help, but once the pie is made, everyone wants their piece. It worked out exactly like that. Everyone loved the idea, but no one wanted to do anything to actually make it happen. This 'better world' without the 'buzzword rulers' that 'could be' is exactly like that.

The US is really like that matrix with a coating of Stockholm Syndrome- the people are too dependent on this system that the mere thought of being free from it, as oppressive as it is, is just unfathomable to them to the point that they love and will defend their oppressors. That's why so much time/money/effort/and resources have been spent- to get the people to that point.

stop paying it the attention it so desperately wants to convince us it deserves.

If only it were that easy, 'cause most people have already stopped paying attention to it. Kinda why we're where we are. But I get what you're laying down.

As easy as it is to stop paying it the attention it thinks it deserves, people just can't see anything but what has always been and will gladly subjugate themselves to it rather than face the reality of an unknown world where it no longer exists.

Its important that people see the lengths they will go to show they were not wrong in the first place.

And this is why legislation like this scares me. Now they can just collect whatever 'tangible things' they deem necessary and utilize it to paint whatever picture they feel is appropriatre that nesisitrated their invovlemnt in the first place. It's the tail wagging the dog and it really is absurd.

I didn't really. Never got a follow up on the progress that was made. Pretty sure it was a yeah file 13 this. Its ok thou I found them once pretty sure I can do it again.

then why are so much time/money/effort/resources spent in order to keep us disorganized, distracted and disconnected as you said?

The reality is that they are completely helpless and powerless. They cannot stop direct action.

They have to channel people's actions into futile action channels. They funnel them into voting, political parties, into lobbying, into thinking about "laws". The reality is that there is no "law". There is only enforcement.

So they pass a law banning X, Y, Z. Then you privatize your police force, so the police work for the citizens and are paid by the citizens, not the state or city. Then you decide "We are not enforcing these laws". They file property lien and they say "We are not enforcing the lien until it goes through our judge". Then the laws are meaningless.

So you can do three things

  • you can evade enforcement (move somewhere else, act like they do, denial infosec culture, etc)
  • you can increase enforcement costs (make enforcement more difficult)
  • you can coopt enforcement (police privatization, community representation and liaison with law enforcement, cut out external sources of funding)
  • you can end enforcement (cut funding for enforcement, outlaw sources of revenue)

They want you focused on "laws" and voting and left/right politics. When reality is that there is only enforcement. Existing political channels are designed as resource exhaustion attacks, to use up people's resources in futile efforts.

Texas understands this. Texas is going to ignore anything it does not like. So they are looking for an excuse to declare martial law and put federal troops in Texas and Arizona.

People protest and beg (learned helplessness) instead of just taking what they want or doing it. They are trained to go and beg the government to stop oppressing them or to give them things. When the correct response is to eliminate your dependency and resist efforts to impose dependency. The state will impose dependency, so you have to go through it as a gate keeper for everything you do. So that it can cut you off if you dont comply with a bundle of demands.

The groups have to be sub-divided and pitted against each other, to prevent the emergence of a unified group that can stand against the central power. Blacks must be pitted against whites, the left must be pitted against the right, occupy must be pitted against the tea party, gays must be pitted against Christians, men must be pitted against women and so on.

They pass laws to inflame tension between the groups and keep them divided. The state should not even be involved in marriage at all, because it is religious. Each individual church and pastor should decide their policy on gay marriage. Instead the state creates a "law" to inflame tension and false antagonist and turn it into an absolute "A or B" decision, where each individual was free to choose and not in conflict before.

Divide and conquer. Where differences do not exist, they must be created, to prevent the common interest from emerging and challenging the central power. The more false issues and false divisions and false crisises are created, the more room the central power has to manipulate, lie, enrich itself and grab power.

America is already doomed. This will end in a Stalin, very soon. Its too late. The next crisis will reduce people to helplessness and infantile dependence and they will beg for totalitarian rule and suffer any indignity or or oppression for stability and mere survival. They will accept any scapegoat and will tolerate any injustice.

:)