U.S. Senate Voted Bury 1st and 4th Amendments : Miami IMC

Today the U.S. Senate Passed THE FISA AMENDMENTS ACT OF 2008, HR 6304.

H.R. 6304 EH may be found at:

http://thomas.loc.gov/

Telecoms got off the hook for helping U.S. Spy Agencies—illegally wiretap millions of U.S. private phone calls, faxes and emails. The U.S. Senate gave immunity to Telecoms that assisted government illegal-wiretap spying from lawsuits and other liabilities that might result.

The Bush Government does not have to reveal the extent of the Government’s past Wiretap spying program.

The Congress before passing HR6304 never disclosed to America what will happen to the Government’s millions of illegally seized Electronic Communications that belong to U.S. Citizens.

Congress never disclosed whether the Bush Administration’s years of illegal wiretaps are admissible into U.S. criminal and civil courts. It is problematic now that HR 6304 passed, police agencies and private government contractors will want to use illegally collected NSA/FBI and other illegal government wiretap surveillance to go back years to arrest Americans and or civilly forfeit their homes, businesses and inheritances using only a “preponderance of civil evidence” under Title 18 of the United States Code; or under the Patriot Act.

There are over 200 U.S. criminal laws, violations and U.S. Government cooperating agreements with other countries that can make property subject to civil asset forfeiture. No one need be charged with a crime for government to civilly forfeit an owner’s home or business.

Not mentioned by Senators during the Act’s debate was THE FISA AMENDMENTS ACT OF 2008 low level of probable cause that will permit Government to wiretap U.S. phone calls, faxes and emails.

For example see: HR 6304 (2) Probable Cause section under (C)(Order) undermines protections for persons in the U.S. exercising 1st Amendment rights. The Act’s use of the word “May” in “May Be Considered” a foreign power, agent of a foreign power…”appears legally to protect no one from government wiretapping and spying.
This is from the Probable Cause section in HR 6304: “No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”

Unbelievably The House inserted the weak word “may” and failed to insert, e.g., “SHALL NOT” which legally would have been more binding on Government and police not to violate the 1st and 4th Amendments rights of U.S. Citizens. Consequently it will be harder for persons in the U.S. to defend against government wiretap evidence.

Because HR 6304 passed: among other nightmares, any person in the U.S. who exercises his or her 1st Amendment Rights under the vague provisions of HR 6304, “MAY BE CONSIDERED” by U.S. Government an agent of a foreign power. This is the result of The House of Representatives leaving out protective words, like “Shall Not Be Considered” an agent of a foreign power.

It is now Free Speech in America only “if you—Dare!"

dan- get real,

I have just read the fisa act HR 6304 and it does not say that any person in the U.S. who exercises his or her 1st Amendment Rights under the vague provisions of HR 6304, “MAY BE CONSIDERED” by U.S. Government an agent of a foreign power.

peter