Good Bye Your Constitutional Rights!

Congress has just overruled your 1st, 4th and 5th Amendment Rights.

 Rlgrimes12/12/2014

As of today, Bill HR4681 has passed the house and senate, and is currently undergoing arbitration before being sent to the President for his signature in to law. The law says that the intelligence community can collect, retain, and disseminate all electronic communications including voice calls [without any constitutional restrictions] on all US citizens and everyone else in the world.  And they have 5 years before they are supposed to destroy the records.  However, they can keep them indefinitely if they fall into several categories of interest.

It is all out in the open now.  Your 1st, 4th, and 5th Amendment protections are gone.  This act gives new meaning to ‘land of the free, home of the brave.’  The intelligence community isn’t doing anything in secret any more.  Americans are now living in an environment much like the days of the old Stalinist Soviet Union, where the presumption was that all conversations were monitored and one takes measures to have a ‘private’ conversations.

So turn up your radio or turn the water on in the sink and watch what you say on the phone or Facebook, even casual remarks on twitter may come back to haunt you in the future.  Don’t believe me, I have pasted the relivant parts of the bill below this story. Still don’t believe it? Just go to www.congress.gov/bill/113th-congress/house-bill/4681/text and read it from the horse’s mouth.

What are you willing to do about it?

[Congressional Bills 113th Congress]

[From the U.S. Government Printing Office]

?

[H.R. 4681 Enrolled Bill (ENR)]

H.R.4681

One Hundred Thirteenth Congress

of the

United States of America

TITLE III–GENERAL PROVISIONS

Subtitle A–General Matters

Sec. 309. Procedures for the retention of incidentally acquired

communications.

SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED

COMMUNICATIONS.

(a) Definitions.–In this section:

(1) Covered communication.–The term “covered communication”

means any nonpublic telephone or electronic communication acquired

without the consent of a person who is a party to the

communication, including communications in electronic storage.

(2) Head of an element of the intelligence community.–The term

“head of an element of the intelligence community” means, as

appropriate–

(A) the head of an element of the intelligence community;

or

(B) the head of the department or agency containing such

element.

(3) United states person.–The term “United States person”

has the meaning given that term in section 101 of the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

(b) Procedures for Covered Communications.–

(1) Requirement to adopt.–Not later than 2 years after the

date of the enactment of this Act each head of an element of the

intelligence community shall adopt procedures approved by the

Attorney General for such element that ensure compliance with the

requirements of paragraph (3).

(2) Coordination and approval.–The procedures required by

paragraph (1) shall be–

(A) prepared in coordination with the Director of National

Intelligence; and

(B) approved by the Attorney General prior to issuance.

(3) Procedures.–

(A) Application.–The procedures required by paragraph (1)

shall apply to any intelligence collection activity not

otherwise authorized by court order (including an order or

certification issued by a court established under subsection

(a) or (b) of section 103 of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or

similar legal process that is reasonably anticipated to result

in the acquisition of a covered communication to or from a

United States person and shall permit the acquisition,

retention, and dissemination of covered communications subject

to the limitation in subparagraph (B).

(B) Limitation on retention.–A covered communication shall

not be retained in excess of 5 years, unless–

(i) the communication has been affirmatively

determined, in whole or in part, to constitute foreign

intelligence or counterintelligence or is necessary to

understand or assess foreign intelligence or

counterintelligence;

(ii) the communication is reasonably believed to

constitute evidence of a crime and is retained by a law

enforcement agency;

(iii) the communication is enciphered or reasonably

believed to have a secret meaning;

(iv) all parties to the communication are reasonably

believed to be non-United States persons;

(v) retention is necessary to protect against an

imminent threat to human life, in which case both the

nature of the threat and the information to be retained

shall be reported to the congressional intelligence

committees not later than 30 days after the date such

retention is extended under this clause;

(vi) retention is necessary for technical assurance or

compliance purposes, including a court order or discovery

obligation, in which case access to information retained

for technical assurance or compliance purposes shall be

reported to the congressional intelligence committees on an

annual basis; or

(vii) retention for a period in excess of 5 years is

approved by the head of the element of the intelligence

community responsible for such retention, based on a

determination that retention is necessary to protect the

national security of the United States, in which case the

head of such element shall provide to the congressional

intelligence committees a written certification

describing–

(I) the reasons extended retention is necessary to

protect the national security of the United States;

(II) the duration for which the head of the element

is authorizing retention;

(III) the particular information to be retained;

and

(IV) the measures the element of the intelligence

community is taking to protect the privacy interests of

United States persons or persons located inside the

United States.

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