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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: Brumar89 who wrote (298036)8/2/2006 7:06:29 PM
From: TigerPaw  Read Replies (2) | Respond to of 1573096
 
If those conducting the monitoring know they will eventually have to explain their actions, and perhaps be subject to some consequences if they habitually abuse their power, they will be more likely to follow the law and ethics.

If they are only subject to their own whims they may wind up with ethics like Cheney.

TP



To: Brumar89 who wrote (298036)8/2/2006 8:03:46 PM
From: combjelly  Read Replies (1) | Respond to of 1573096
 
"No because I can't accept anything you say as factual."

Are you claiming I am lying? Or just professing your ignorance?

"If monitoring can occur prior to monitoring they can't prevent unauthorized monitoring by definition. There is a logic problem with your claim you're ignoring."

It is a provision of the law. It isn't my claim, it is a fact. The fact that you are ignorant of it, I suppose, isn't a great surprise since you seem to require everything to fit your preconceptions.

(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that—
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest. In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.


law.cornell.edu

By any chance are you a fan of the Austrian School of Economics? We see the same sort of denial of reality from Tim based on his logical analysis.