What the Dem FISA BILL will Do...according to a Lawyer trusted by TPM.

[KoKo]

Marty Lederman "Balkanization Blog"

Quite a way to run the greatest democracy in the world, eh? Keep in mind that FISA was crafted after three years of intensive and comprehensive -- and public -- hearings, debates, and negotiations. This bill? Not so much. And it shows in the finished product. What's that old adage about legislation and sausage? We need some meat inspectors here . . .


The Democratic bill would do the following:

1. New section 105A would address the foreign-to-foreign issue: "Notwithstanding any other provision of , a court order is not required for the acquisition of the contents of any communication between persons that are not located within the United States for the purpose of collecting foreign intelligence information, without respect to whether the communication passes through the United States or the surveillance device is located within the United States."

2. Section 105B would allow the Attorney General to apply to the FISA court for an order authorizing electronic surveillance for up to one year "directed at persons reasonably believed to be outside the United States." The court would grant such an order if satisfied, inter alia, that methods described by the Attorney General are "reasonably designed to determine whether the persons are outside the United States; that "a significant purpose of the electronic surveillance is to obtain foreign intelligence information"; and that certain minimization procedures are sufficient.

http://balkin.blogspot.com/2007/08/whats-going-on-with-fisa-fix.html

3. "At or before the end of the period of time for which electronic surveillance is approved by an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated."

4. "The Attorney General shall establish guidelines that are reasonably designed to ensure that an application is filed under section 104, if otherwise required by this Act, when the Attorney General seeks to initiate electronic surveillance, or continue electronic surveillance that began under this section, of a United States person." If anyone understands what this means . . .

5. The Act would sunset after 120 days.


more about this at........

http://balkin.blogspot.com/2007/08/whats-going-on-with-fisa-fix.html

[napi21]

1. The ONE BIG THING that bothers me about Section 105B is the use

of the word "allow"! I'd much rather see the word "REQUIRE"!

[EVDebs]

2. So now we're assured that no attack will take place within six months

The GOP saves us again, right ?

The attny general and the DNI w/o oversight ? Gotta go on vacation too !

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x45292