Texas Drifter: Obama’s General Warrant Surveillance Searches Fascism?
Marshall’s Law Dateline – Bush II Patriot Act was intended to target communications between international terrorists. Obama’s revision of Patriot Act is intended to target Obama’s greatest threats: American people who possess Judeo-Christian beliefs; or Americans who believe in due process constitutional law with Bill of Rights to protect inalienable rights, and other American traditions like ethical capitalism.
Obama’s Patriot Act surveillance policies revisions are not intended to protect national security; rather manage domestic tranquility to serve Marxist-fascist Democrats and corporate fascists like RINOs.
Reader needs to understand that there are two ways to gather information: one is use “leads” which point direction for investigation to gather “evidence” which s used in due process judicial systems. Rules for obtaining leads and evidence are totally different. Both processes can be reviewed in another writing exercise.
Investigations can be either proactive to gather intelligence to manage or eliminate future threats. Investigations can be retro-active to gather information to locate those guilty of carrying out threats or mostly for judicial processes.
Brutal harsh reality is that all “data mining” or what ever phrase of week is, is strictly retroactive and has practically zero chance of preventing in process of or future attacks
Two reasons, first, process of gathering generic information can produce more information than any agency can effectively process and analyze. Example government can have files on three hundred million people; finding ties between three terrorists out of three hundred represents fool’s objective.
Second, best intelligence gathering process is what it has always been “up close and personal” tactics using world’s second oldest professionals; spies going after profiled targets not general population. Good example federal airport security personnel who seemingly enjoy “feeling up” old women and children at airports.
This might come as a shock to Obama’s surveillance mongers; the U.S. Constitution does not allow governments using general warrants. Time to share some information of policies Obama’s surveillance mongers are using to spy on American citizens not international terrorists.
Background of how Obama’s government using general warrants for surveillance of “probable cause lacking” private citizens.
Source Wikipedia Summary Sections of Patriot Act Title 2
Excerpts Section 215; 216; and 217
Section 215: Access to records and other items under FISA [edit]
This section is commonly referred to as the "library records" provision[29] because of the wide range of personal material that can be investigated.[30]
FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official's rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by "tangible things": it includes "books, records, papers, documents, and other items".
This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.
The section carries a gag order stating that "No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section". Senator Rand Paul stated that the non-disclosure is imposed for one year,[31] though this is not explicitly mentioned in the section.
In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in "good faith" from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.
This section was reauthorized in 2011.
Section 216: Authority to issue pen registers and trap and trace devices [edit]
Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.
Limitations [edit]
18 U.S.C. § 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organizations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.
Making and carrying out orders [edit]
1. It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance.
This section amended the non-disclosure requirements of 18 U.S.C. § 3123(d)(2) by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.
Definitions [edit]
The following terms were redefined in the US Code's chapter 206 (which solely deals with pen registers and trap and trace devices):
• Court of competent jurisdiction: defined in 18 U.S.C. § 3127(2), subparagraph A was stricken and replaced to redefine the court to be any United States district court (including a magistrate judge of such a court) or any United States court of appeals having jurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices)
• Pen register: defined in 18 U.S.C. § 3127(3), the definition of such a device was expanded to include a device that captures dialing, routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. 18 U.S.C. § 3124(b) was also similarly amended.
• Trap and trace device: defined in 18 U.S.C. § 3127(4), the definition was similarly expanded to include the dialing, routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a "process", not just a device.
• Contents: 18 U.S.C. § 3127(1) clarifies the term "contents" (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in 18 U.S.C. § 2510(8), which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Section 217: Interception of computer trespasser communications [edit]
Section 217 (Interception of computer trespasser communications) firstly defines the following terms:
Amendments were made to 18 U.S.C. § 2511(2) to make it lawful to allow a person to intercept the communications of a computer trespasser if
1. the owner or operator of the protected computer authorizes the interception of the computer trespasser's communications on the protected computer,
2. the person is lawfully engaged in an investigation,
3. the person has reasonable grounds to believe that the contents of the computer trespasser's communications will be relevant to their investigation, and
4. any communication captured can only relate to those transmitted to or from the computer trespasser.
End Excerpts background.
Texas Drifter question should government be required to “delete" all mined data files obtained in general warrants not allowed by U.S. Constitution? Hope reader's answer is yes?
Any citizen who believes that Obama’s surveillance mongers are not accessing “content” which they are classifying as “leads” is obviously too stupid to live as free American.
Obama’s surveillance mongers may say they are not keeping names on individual citizens; why would they need too? Bad guys have you social security number, driver’s license number, credit card numbers, medical records and so on. They are probably scanning using voice recognition systems to pick out individual voice prints.
Cheer up reader, government’s using surveillance “is one side of coin”; other side of coin is called counter intelligence.
Bad guys know how to disrupt or defeat governments' surveillance techniques. This issue is similar to gun control the only people with guns after abolishing Second Amendment will be public bureaucrats and bad guys. Same is true for unconstitutional government surveillance techniques; only people government will be “catch” is non- law breaking citizens.
Some Examples Include:
1. Using throw away pones with prepaid minutes only use system once then give it to homeless person;
2. Have ‘unknown” person with different voice speaking in code not using words targeted by government software;
3. Best defense - keep you big mouth shut - use no cell phone or e-messages rely on contacts like in “old days”;
Talk on the streets: greatest next sport in America will be patriot counter intelligence agents hunting unpatriotic Obama surveillance mongers. First rule learned in counter intelligence is that it is always easier to break things than keep them working.
One example is “feeding” bad intelligence to bad guys to get bad guys to eat their own.
Reader wanting more information might reference Texas Drifter’s training manual “Spy As A Verb: Art and Ethics of Surveillance”: texasdrifterreadbeforeyoubuy.blogspot.com; then ML dateline Vol. III then Vol. II
Assignment question, what was title Obama’s General Warrant Surveillance Searches Fascism? Clue: citizens who depend on government masters like Marxist-fascist Obama or corporate fascists like RINOS, for security of their Heaven given inalienable rights will be citizens also know by an earlier name: slaves. TRUE or FALSE
