The FISA Disaster
There's not much to add to what Phil writes here on the shameful, catastrophic, un-American bill that passed the House today, the one that gives telecom companies legal immunity for spying on American citizens and retroactively legalizes the Bush administration's orders to do so.
The House today overwhelmingly approved a sweeping new surveillance law that effectively would shield telecommunications companies from privacy lawsuits for cooperating with the Bush administration's warrantless wiretapping program.
Ending a year-long battle with President Bush, the House approved, 293 to 129, a re-write of the 1978 Foreign Intelligence Surveillance Act (FISA) that extends the government's ability to eavesdrop on espionage and terrorism suspects while providing a legal escape hatch for AT&T, Verizon Communications and other telecommunication firms. The companies face more than 40 lawsuits that allege they violated customers' privacy rights by helping the government conduct a warrantless spying program after the Sept. 11, 2001, attacks.
"Warrantless" - such a benign expression, isn't it? The better word for it is "in violation of the Fourth Amendment", but that would be too, well, in-your-face for the stewards of our public welfare to contemplate.
The ten Democratic representatives who voted for this monstrosity in our state, and who should be primaried as the barest tolerable retribution for this offense against the Constitution and your rights as a citizen, are:
Ackerman (NY-5) - Contact
Arcuri (NY-24) - Contact
Bishop (NY-1) - Contact
Crowley (NY-7) - Contact
Engel (NY-17) - Contact
Gillibrand (NY-20) - Contact
Higgins (NY-27) - Contact
Lowey (NY-18) - Contact
McCarthy (NY-4) - Contact
Meeks (NY-6) - Contact
Or, if you prefer, the Capitol switchboard is at (202) 224-3121.
They need to hear from you. Ask them why they think the Fourth Amendment (and that quaint rule-of-law stuff that was so important in the matter of one Monica Lewinsky) ceased to have any real meaning, and which other fundamental freedom of this Republic they're going to offer up next to Mr. 28%.
Democratic Party

Compare provisions in “Hitler’s Laws” with U.S. FISA AMENDMENTS
Compare provisions in “Hitler’s Laws” with U.S. FISA AMENDMENTS ACT OF 2008:
Note similar manner the Act, HR 6304 suspends the U.S. Constitution’s 4th Amendment Protections and Telecommunication Privacy for American Citizens.
THE FISA AMENDMENTS ACT OF 2008, H.R. 6304 EH may be found at:
http://thomas.loc.gov/
Below: Are Hitler's signed Discriminatory Laws of February 28, 1933.
ROBL. I 83
DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF
THE PEOPLE AND STATE
In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:
Section 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Section 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Section 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.
Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Section 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.
Section 6
This decree enters in force on the day of its promulgation.
Reich President
Reich Chancellor
Reich Minister of the Interior
Reich Minister of Justice
End
Following see HR 6304 “(2) Probable Cause” section under (C)(Order):
It is necessary to read entire FISA Amendments Act of 2008 to ascertain its low standards of “Probable Cause” to wiretap and spy on persons in the U.S.
Example: Following is HR 6304 “(2) Probable Cause” section under (C)(Order):
Note how the weak word “May” in this “Probable Cause” paragraph of HR 6304 misleads readers to believe this provision shall protect U.S. Citizens and other persons in the U.S. from Government agents violating their Constitutional rights. That HR 6304 paragraph is shown below: see how the Act’s Probable Cause wording “may” undermines protection for persons in the U.S. exercising 1st Amendment rights.
This is from HR 6304 “(2) Probable Cause” section under (C)(Order):
“No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”
The House inserted the weak word “may” and failed to insert, e.g., “SHALL NOT” which legally would have been more binding on Government and police not to violate the 1st and 4th Amendment rights of U.S. Citizens. Consequently it will be harder for persons in the U.S. to defend against U.S. Government wiretap evidence.
This vague language of THE FISA AMENDMENTS ACT OF 2008 should concern U.S. Activists that network with other activists, especially with groups overseas. For example, the Stop the War Campaign and labor groups’ transcend countries. Some of those country’s governments strongly oppose U.S. policies.
After the Senate passes HR 6304, U.S. Activists who network, especially with international activists, run the risk they “MAY BE CONSIDERED” by U.S. Government, agents of a foreign power if they support causes opposed by the Government. Historically it has not been beyond this U.S. Government to make such charges.
The FISA AMENDMENTS ACTS OF 2008 will permit massive U.S. Government surveillance of electronic communications going out of and coming into the United States, with minimum court oversight. U.S. Government may also use several broad provisions of the Patriot Act to further its domestic surveillance.

Bravo!
And we invaded a sovereign nation claiming to introduce them to DEMOCRACY???
Thank you for helping me feel that I am not utterly alone..... I just don't get this - is America asleep or just on crack?
You might think that with a vote like todays - and the vast and outstanding coverage this vote has received in the MSM.
Go Fascism! - It's back in style.
Danger, Will Robinson
Keith Olbermann reports that Barack Obama will vote for the bill in the Senate.















One letter
Since my representative in the House is Nydia Velázquez, I will be sending a letter of thanks. However, until I was redistricted in 2002, my rep. was Joseph Crowley. I have met him, and talked with him, and am disgusted by his vote. This is a "litmus test" vote. Anyone who voted for this bill is not a loyal, patriotic, freedom-loving, Constitution-defending American. That includes almost every Republican in the House, and almost half the Democrats. The only arguments for this bill are strikingly similar to those used by Communists, Fascists and Nazis.
Below is the text of the letter I have sent to Congressman Crowley. I will never regret having sent it:
Dear Representative Crowley:
Yesterday evening, I attended the annual dinner of the Ridgewood Democratic Club. You received a large round of applause in absentia, when it was announced that you were stuck in DC to vote against the supplemental appropriation for our continued occupation of Iraq. Unfortunately, today you cast a vote that more than canceled out last night’s vote; you chose to support the “compromise” that is better termed “surrender” on the FISA bill (H.R.6304).
The plain fact is that we didn’t need another FISA bill. Current law allows the President to engage in secret wiretapping, even to the extent of waiting three days after beginning a wiretap to ask permission from a secret court. There is no security threat or loophole that demanded action.
In addition to being completely unnecessary, the bill contains several provisions that can only be described as despotic and un-American. The method by which telecoms will get immunity for having violated our constitutional rights is just as secret as FISA; just look at Sec. 201 as it deals with Title VIII, Sec. 802(c). This allows the court, via the Attorney General, not only to dismiss charges against telecoms for their criminal acts, but keeps the reasons for dismissal secret, with no review or appeal. The plaintiff in these cases won’t be able to see the reasons for dismissal, nor will anyone else aside from the Attorney General and the judge. This aspect of the bill is a clear violation of due process and strips all Americans of some of our freedom, yet you voted for it.
Our entire government was created with a keen eye toward a system of checks and balances. With your vote today, you have eliminated some of those vital checks. I don’t say this lightly: You should be ashamed of your vote! It is tyrannical and un-American. As a result of this vote, many groups, including some I belong to, will lobby hard for our Senators to undo the damage you and many of your colleagues have done. I sincerely hope that we succeed, for if this bill is signed we will have lost, possibly forever, freedoms that Americans have fought and died for over the past quarter millennium.
In 2002, as a result of redistricting, I was moved from your district into the district represented by Nydia Velázquez. Although I have disagreed, sometimes strongly, with some of your votes, I have never been so happy, or felt so passionately that I was “traded up” until now.
Shame on you!
Regretfully,
Dan Jacoby