DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post

**lXwVlTgO** · 12-21-2005, 10:22 AM

Did Clinton really sign an executive order that sidestepped FISA?

No. He modified FISA (Sect. 1822) to allow physical searches without a warrant, provided that the Attorney General "makes the certifications required by that section." Those certifications are:

i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers, and

(ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person.

See: TITLE 50--WAR AND NATIONAL DEFENSE - CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE - SUBCHAPTER II--PHYSICAL SEARCHES

The electronic surveillance section of FISA (Sect. 1802) reads the same way - the President can authorize electronic surveillance without a warrant, but only for communications "among and between" foreign powers, and only when it doesn't involve U.S. persons. Once it becomes domestic, a warrant is needed (4th Amendment protection).

12-21-2005, 10:22 AM	#9
lXwVlTgO Join Date Oct 2005 Posts 545 Senior Member	Did Clinton really sign an executive order that sidestepped FISA? No. He modified FISA (Sect. 1822) to allow physical searches without a warrant, provided that the Attorney General "makes the certifications required by that section." Those certifications are: i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers, and (ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person. See: TITLE 50--WAR AND NATIONAL DEFENSE - CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE - SUBCHAPTER II--PHYSICAL SEARCHES The electronic surveillance section of FISA (Sect. 1802) reads the same way - the President can authorize electronic surveillance without a warrant, but only for communications "among and between" foreign powers, and only when it doesn't involve U.S. persons. Once it becomes domestic, a warrant is needed (4th Amendment protection).
	Quote