In June, the National Security Agency refused to disclose how many citizens have been affected by law enforcement surveillance. As a result, Sen. Wyden has proposed several amendments to FISA, Lincluding an amendment prohibiting warrantless searches of domestic communication in the U.S., which was already rejected.He also proposes the Geolocation Privacy and Surveillance Act (“GPS”), which would require law enforcement officials to produce a warrant prior to obtaining location data from an individual’s smartphone, computer or other electronic device.See link for more information on Senator Wyden's initiatives.Here's an article from earlier this year (April) on the ACLU's release of cell phone tracking documents.I wrote recently to Senator Dianne Feinstein of my concerns over warrantless wiretaps. Here is her response. I follow below with one of my own.Dear Ms. Burkey: I received your letter and want to thank you for expressing your concerns about government surveillance authorities. I recognize that this is an important issue to you, and I welcome the opportunity to share my points of view. I believe that law enforcement and the intelligence community need the authorities in the Foreign Intelligence Surveillance Act (FISA) to collect intelligence information necessary to prevent terrorist attacks and protect our nation. Under FISA, surveillance authorities are subject to judicial oversight from the FISA Court, require approvals from senior officials in the Executive Branch, and are subject to full oversight by the Department of Justice and the Congress. As Chairman of the Senate Intelligence Committee, and as a member of the Senate Judiciary Committee, I can assure you that oversight of the government's surveillance authorities is a major priority for these Committees. I supported the FISA Extensions Act of 2011 (Public Law 112-3), which Congress passed on May 26, 2011 to extend three provisions in FISA—known as "roving wiretaps," "lone wolf," and "business records" provisions—until June 1, 2015. I believe these are important counterterrorism tools, and that the expiration of these authorities would reduce our security. During the debate, I pledged, as Chairman of the Senate Select Committee on Intelligence, to hold hearings in that Committee on the uses of these three provisions and other FISA authorities, and those hearings have taken place. I intend to hold further hearings this year to continue considering FISA authorities and whether they should be extended. Be assured that I recognize your concerns about the transparency and oversight of the Government's surveillance authorities. Like you, I strongly believe in transparent government, and protecting Americans' personal privacy rights. Unfortunately, there is a limit to the amount of transparency possible when discussing classified intelligence programs, which is why I believe that congressional oversight of these matters is vital. Again, thank you for your letter. Hearing your perspectives is very helpful to me. Should you have any additional comments or questions, please contact my Washington, D.C. office at (202) 224-3841. Sincerely yours, Dianne Feinstein United States SenatorFurther information about my position on issues of concern to California and the nation are available at my website, Feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list. Click here to sign up. And please visit my YouTube, Facebook and Twitter for more ways to communicate with me.Dear Senator Feinstein,Thank you very much for the response to my concerns. I would like to suggest that these hearings be held so that they are accessible to the public, with chat functions and a way for the public to comment and/or have input.These are our communities under surveillance, and if the intelligence people can use the Net to spy, then we should be able to have equal access to oversee that spying. ;) This needs to be made possible; otherwise, it's just people far away in Washington, once again, talking about things affecting us, so far away, thousands of miles. People meeting in rooms after hopping planes will not go far enough to ensure community oversight, no matter how earnestly those people in those rooms talk or take notes or formulate policy plans.All of it is just talk, and without the right people listening, what it amounts to is a deepening void between law enforcement communities, Homeland Security, and the people these organizations are supposed to serve--the people who pay for them.I would also like to suggest a practical viewing of the film "The Lives Of Others," hailed by the Academy as the "Best Foreign Language Film" in 2007. It's a beautiful and powerful film that, if you haven't seen it, will help with a better understanding of what a surveillance state does to human relationships in real time and in real life.Thank you, Ms. Feinstein, for getting back to me. I hope this letter reaches you in good health.Sincerely,Cynthia Burkey5:37 "Really? That's nice."8:40 "You can keep a secret, can't you?"
22 Eylül 2012 Cumartesi
Open Letter To Senator Dianne Feinstein: The War On The 4th Amendment
Source: Constitution Campaign.orgLast month, Senator Ron Wyden (D-Oregon) wrote a letter to James Clapper, Director of National Intelligence, alleging that the federal government may be reviewing e-mails and phone calls of law-abiding Americans. In his response, Dir. Clapper explained his awareness of “at least one occasion” where the federal government violated the Fourth Amendment’s limitation on unreasonable searches and seizures in using its police power to wiretap and surveillance individuals without a warrant. In fact, the Office of the Director of National Intelligence confirmed that a Foreign Intelligence Surveillance (“FISA”) Court found that “some collection carried out pursuant to the Section 702 minimization procedures used by the government were unreasonable under the Fourth Amendment.”In June, the National Security Agency refused to disclose how many citizens have been affected by law enforcement surveillance. As a result, Sen. Wyden has proposed several amendments to FISA, Lincluding an amendment prohibiting warrantless searches of domestic communication in the U.S., which was already rejected.He also proposes the Geolocation Privacy and Surveillance Act (“GPS”), which would require law enforcement officials to produce a warrant prior to obtaining location data from an individual’s smartphone, computer or other electronic device.See link for more information on Senator Wyden's initiatives.Here's an article from earlier this year (April) on the ACLU's release of cell phone tracking documents.I wrote recently to Senator Dianne Feinstein of my concerns over warrantless wiretaps. Here is her response. I follow below with one of my own.Dear Ms. Burkey: I received your letter and want to thank you for expressing your concerns about government surveillance authorities. I recognize that this is an important issue to you, and I welcome the opportunity to share my points of view. I believe that law enforcement and the intelligence community need the authorities in the Foreign Intelligence Surveillance Act (FISA) to collect intelligence information necessary to prevent terrorist attacks and protect our nation. Under FISA, surveillance authorities are subject to judicial oversight from the FISA Court, require approvals from senior officials in the Executive Branch, and are subject to full oversight by the Department of Justice and the Congress. As Chairman of the Senate Intelligence Committee, and as a member of the Senate Judiciary Committee, I can assure you that oversight of the government's surveillance authorities is a major priority for these Committees. I supported the FISA Extensions Act of 2011 (Public Law 112-3), which Congress passed on May 26, 2011 to extend three provisions in FISA—known as "roving wiretaps," "lone wolf," and "business records" provisions—until June 1, 2015. I believe these are important counterterrorism tools, and that the expiration of these authorities would reduce our security. During the debate, I pledged, as Chairman of the Senate Select Committee on Intelligence, to hold hearings in that Committee on the uses of these three provisions and other FISA authorities, and those hearings have taken place. I intend to hold further hearings this year to continue considering FISA authorities and whether they should be extended. Be assured that I recognize your concerns about the transparency and oversight of the Government's surveillance authorities. Like you, I strongly believe in transparent government, and protecting Americans' personal privacy rights. Unfortunately, there is a limit to the amount of transparency possible when discussing classified intelligence programs, which is why I believe that congressional oversight of these matters is vital. Again, thank you for your letter. Hearing your perspectives is very helpful to me. Should you have any additional comments or questions, please contact my Washington, D.C. office at (202) 224-3841. Sincerely yours, Dianne Feinstein United States SenatorFurther information about my position on issues of concern to California and the nation are available at my website, Feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list. Click here to sign up. And please visit my YouTube, Facebook and Twitter for more ways to communicate with me.Dear Senator Feinstein,Thank you very much for the response to my concerns. I would like to suggest that these hearings be held so that they are accessible to the public, with chat functions and a way for the public to comment and/or have input.These are our communities under surveillance, and if the intelligence people can use the Net to spy, then we should be able to have equal access to oversee that spying. ;) This needs to be made possible; otherwise, it's just people far away in Washington, once again, talking about things affecting us, so far away, thousands of miles. People meeting in rooms after hopping planes will not go far enough to ensure community oversight, no matter how earnestly those people in those rooms talk or take notes or formulate policy plans.All of it is just talk, and without the right people listening, what it amounts to is a deepening void between law enforcement communities, Homeland Security, and the people these organizations are supposed to serve--the people who pay for them.I would also like to suggest a practical viewing of the film "The Lives Of Others," hailed by the Academy as the "Best Foreign Language Film" in 2007. It's a beautiful and powerful film that, if you haven't seen it, will help with a better understanding of what a surveillance state does to human relationships in real time and in real life.Thank you, Ms. Feinstein, for getting back to me. I hope this letter reaches you in good health.Sincerely,Cynthia Burkey5:37 "Really? That's nice."8:40 "You can keep a secret, can't you?"
In June, the National Security Agency refused to disclose how many citizens have been affected by law enforcement surveillance. As a result, Sen. Wyden has proposed several amendments to FISA, Lincluding an amendment prohibiting warrantless searches of domestic communication in the U.S., which was already rejected.He also proposes the Geolocation Privacy and Surveillance Act (“GPS”), which would require law enforcement officials to produce a warrant prior to obtaining location data from an individual’s smartphone, computer or other electronic device.See link for more information on Senator Wyden's initiatives.Here's an article from earlier this year (April) on the ACLU's release of cell phone tracking documents.I wrote recently to Senator Dianne Feinstein of my concerns over warrantless wiretaps. Here is her response. I follow below with one of my own.Dear Ms. Burkey: I received your letter and want to thank you for expressing your concerns about government surveillance authorities. I recognize that this is an important issue to you, and I welcome the opportunity to share my points of view. I believe that law enforcement and the intelligence community need the authorities in the Foreign Intelligence Surveillance Act (FISA) to collect intelligence information necessary to prevent terrorist attacks and protect our nation. Under FISA, surveillance authorities are subject to judicial oversight from the FISA Court, require approvals from senior officials in the Executive Branch, and are subject to full oversight by the Department of Justice and the Congress. As Chairman of the Senate Intelligence Committee, and as a member of the Senate Judiciary Committee, I can assure you that oversight of the government's surveillance authorities is a major priority for these Committees. I supported the FISA Extensions Act of 2011 (Public Law 112-3), which Congress passed on May 26, 2011 to extend three provisions in FISA—known as "roving wiretaps," "lone wolf," and "business records" provisions—until June 1, 2015. I believe these are important counterterrorism tools, and that the expiration of these authorities would reduce our security. During the debate, I pledged, as Chairman of the Senate Select Committee on Intelligence, to hold hearings in that Committee on the uses of these three provisions and other FISA authorities, and those hearings have taken place. I intend to hold further hearings this year to continue considering FISA authorities and whether they should be extended. Be assured that I recognize your concerns about the transparency and oversight of the Government's surveillance authorities. Like you, I strongly believe in transparent government, and protecting Americans' personal privacy rights. Unfortunately, there is a limit to the amount of transparency possible when discussing classified intelligence programs, which is why I believe that congressional oversight of these matters is vital. Again, thank you for your letter. Hearing your perspectives is very helpful to me. Should you have any additional comments or questions, please contact my Washington, D.C. office at (202) 224-3841. Sincerely yours, Dianne Feinstein United States SenatorFurther information about my position on issues of concern to California and the nation are available at my website, Feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list. Click here to sign up. And please visit my YouTube, Facebook and Twitter for more ways to communicate with me.Dear Senator Feinstein,Thank you very much for the response to my concerns. I would like to suggest that these hearings be held so that they are accessible to the public, with chat functions and a way for the public to comment and/or have input.These are our communities under surveillance, and if the intelligence people can use the Net to spy, then we should be able to have equal access to oversee that spying. ;) This needs to be made possible; otherwise, it's just people far away in Washington, once again, talking about things affecting us, so far away, thousands of miles. People meeting in rooms after hopping planes will not go far enough to ensure community oversight, no matter how earnestly those people in those rooms talk or take notes or formulate policy plans.All of it is just talk, and without the right people listening, what it amounts to is a deepening void between law enforcement communities, Homeland Security, and the people these organizations are supposed to serve--the people who pay for them.I would also like to suggest a practical viewing of the film "The Lives Of Others," hailed by the Academy as the "Best Foreign Language Film" in 2007. It's a beautiful and powerful film that, if you haven't seen it, will help with a better understanding of what a surveillance state does to human relationships in real time and in real life.Thank you, Ms. Feinstein, for getting back to me. I hope this letter reaches you in good health.Sincerely,Cynthia Burkey5:37 "Really? That's nice."8:40 "You can keep a secret, can't you?"
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