Warrantless wiretapping is a terrible idea and is unconstitutional. It was created at a time when America was thought to be at WAR with the terrorists. 17 years later, America was always at war with the terrorists. Illegal wiretaps of all communications continue, but are solely focused on Americans, and more specifically focused on the war on drugs, not terrorism.
Not to be outdone, the NSA and DEA know that their secret illegal wiretaps are illegal and would not be used as evidence in the courts, so they have created "parallel construction". Parallel construction means to assemble the evidence while hiding the source of the information. This means automatically denying the right of the accused to see the evidence and witnesses presented against him. A long held tradition that any evidence used against you in court must be scrutinized for constitutional issues and be legitimate and truthful.
Parallel Construction Revealed: How The DEA Is Trained To Launder Classified Surveillance Info
from the americans-don't-like-it deptLast summer, Reuters revealed how the NSA and other surveillance organizations would share infowith the DEA and other law enforcement agencies, but then tell them to reconstruct the evidence via a process called "parallel construction," so that the surveillance would not then be discussed in court. This is highly questionable, and probably illegal, as a defendant has the right to know all of the evidence being used against him or her, and should also be told how that evidence was gathered, to make sure the collection was legal. But what's being done with parallel construction, is that the intelligence community is able to give "hints" to law enforcement, allowing them to come up with various pretenses for an investigation, avoiding ever having to reveal that the NSA or others used potentially illegal surveillance efforts. One example given in that Reuters report was how DEA agents would suddenly be given a tip like this: "Be at a certain truck stop at a certain time and look for a certain vehicle." The DEA would then have the local police come up with some pretense to stop the truck... and then when evidence is found they can claim it was a random traffic stop, when the reality is anything but that.
After the Reuters report, C.J. Ciaramella used Muckrock to request all DEA training material and official policies concerning "parallel construction" and recently received nearly 300 pages of documents, much of it redacted, but still which reveals that this is common practice at the DEAand widely known. Much of it is in the form of PowerPoint presentations, complete with speaker notes, which say things like how careful DEA agents need to be around classified information because "it can screw up your investigation."
Another slide notes "the devil's in the details" and explains:Our friends in the military and intelligence community never have to prove anything to the general public. They can act upon classified information without ever divulging their sources or methods to anyway [sic] outside their community. If they find Bin Laden's satellite phone and then pin point his location, they don't have to go to a court to get permission to put a missile up his nose.There are also training materials that discuss how parallel construction works, as well as the fact that in "the new post-9/11" era, a "national consensus" has been formed making it easier for the intelligence community and law enforcement to share information. It even refers to the federal courts as the intelligence community's "nemesis."
We are bound, however, by different rules.
Our investigations must be transparent. We must be able to take our information to court and prove to a jury that our bad guy did the bad things we say he did. No hiding here. However, we are also bound to protect certain pieces of information so as to protect the sources and methods.
To use it....we must properly protect it.
A lot of the documentation deals with how to deal with having classified information, and the focus seems to be on keeping that information away from anyone involved in the case. There is -- I kid you not -- a special group of prosecutors called "the Taint Review Team" -- to be called in when things get... well... tainted.
In one part of the presentation, they talk about all sorts of ways to try to get a judge to avoid revealing classified information to defendants, and then have a plan "if all else fails" which includes redoing the indictment or dropping the case. That same presentation shows that there should be a "see no evil" plan -- which explains why DEA agents are often just told "go to this truck stop and look for this truck" without knowing any more. That way they "saw no evil" with evil being defined as questionably obtained intelligence. It appears that much of the DEA's arguments here rely on the Supreme Court's ruling in 1938 in Scher v. United States, in which a law enforcement agent was told some things by a source, and used that information to find and arrest the defendant handling whiskey (during Prohibition). The court said that how the agent found out about the information doesn't matter, so long as the agent saw illegal acts himself. And thus, the Supreme Court "enabled" the idea of parallel construction. That case pops up repeatedly throughout the documents, basically telling DEA agents: expect information to come from intelligence sources, but do your best to never find out why they know this stuff.
Another presentation asks "what is the problem with combining IC (Intelligence Community) collection efforts & LEA (Law Enforcement Agency) investigations in US courtrooms?" and then explains that it presents constitutional problems... and that "Americans don't like it!"
The note on that one points out that "even though we seek to protect our citizens, generally, we can only use techniques to achieve that objective, which are acceptable to our citizens." But that's not what they're actually doing or teaching. Instead, they're teaching how to keep doing the constitutionally questionable things that Americans don't like... and then hiding it from the courts, the American public and even the law enforcement folks themselves, in order to create a sort of plausible deniability that launders the fact that potentially illegal and unconstitutional surveillance was used to create the basis of the legal case.
There's some more information in the documents, but it all basically points to the same basic thing: the less that law enforcement folks know, the better. If the law enforcement knows too much, call in the "Taint Review Team" to see what they can do to clean up, and see what you can use to get the judge to exclude classified evidence. All in all, it adds up to a nice little plan to allow the NSA to illegally spy on people, tell law enforcement just enough to target people, without ever revealing how they were caught via unconstitutional means.
Why are the Democrats voting with the Republicans to give President Trump these powers to illegally spy on everyone ? It makes no sense. Where is the #Resistance ? Probably the secret blackmailing files have already been completed on all of the congress members and now the NSA controls our government and other countries' governments forever.
CONGRESS RENEWS WARRANTLESS SURVEILLANCE—AND MAKES IT EVEN WORSE
IN 2013, EDWARD Snowden revealed that the National Security Agency was legally collecting millions of Americans’ phone calls and electronic communications—including emails, Facebook messages, and browsing histories—without a warrant. Congress has now decided not only to reauthorize these programs, but also to expand some of their most invasive techniques.
The spying initiatives Snowden brought to light are authorized under Section 702 of the 2008 FISA Amendments Act, which was set to expire later this month. On Thursday, Congress voted down an effort to reform Section 702, and instead passed a bill that expanded warrantless surveillance of US citizens and foreigners. The newly passed bill reauthorizes Section 702 for six years, long after President Trump’s first term in office will have expired.
The amendment that the House of Representatives shot down would have added significant privacy safeguards to the law, including the requirement that intelligence agents get a warrant in many cases before searching through emails and other digital communications belonging to US citizens. The bill Congress did pass, meanwhile, codifies some of the most troubling aspects of Section 702, according to privacy advocates. The legislation still needs to pass in the Senate, where fewer representatives are interested in significantly reforming the law.
Section 702 is intended to allow intelligence officials to electronically surveil non-US "persons reasonably believe to be located outside the United States” without a warrant. The NSA collects millions of video chats, instant messages, and emails under Section 702 by compelling companies like Facebook, AT&T, and Google to hand them over.
The law also allows the FBI to search through the NSA’s database without a warrant, constituting what critics like Democratic Senator Ron Wyden call a backdoor to the Fourth Amendment. The law technically only authorizes the collection of communications belonging to foreign individuals, but citizens and permanent residents easily get swept into the dragnet. For example, Americans who communicate with foreigners may be included.
That appears to be the case with Michael Flynn, Trump’s former national security adviser. Flynn’s communications with Sergey Kislyak were collected when intelligence officials conducted routine surveillance on the former Russian ambassador to the US.
A flyer advocating against the failed pro-privacy amendment to FISA Section 702 circulated by the House Permanent Select Committee on Intelligence.
During the lead-up to the vote, the House Permanent Select Committee on Intelligence, chaired by Republican Congressman Devin Nunes, circulated a fear-mongering flyer that said adding privacy protections to Section 702 would make it impossible for law enforcement to surface intelligence about a hypothetical suspicious vehicle parked outside the Washington Monument.
The misleading rhetoric around Section 702 tripped up Trump Thursday, as he appeared to contradict his own party’s stance on the bill just hours before the vote. In a tweet, the president implied falsely that the law had given intelligence officials the legal authority to spy on his campaign. The message came merely a day after White House press secretary Hope Hicks released a statement in support of the law.
“House votes on controversial FISA ACT today.” This is the act that may have been used, with the help of the discredited and phony Dossier, to so badly surveil and abuse the Trump Campaign by the previous administration and others?
7:33 AM - Jan 11, 2018
19,120 Replies 17,217 Retweets 72,465 likes
The president was likely steered away from his official position by a Fox News broadcast, during which Libertarian Judge Andrew Napolitano told the president that Section 702 “is not the way to go.” Trump’s tweets appeared moments after the segment. An hour later, Trump reverted to the party line. In a follow up tweet, he said “we need” Section 702. Frankly, the president doesn’t seem to understand how Section 702 works. He’s not alone.
Remember when Trump said Obama had wiretapped Trump Tower? Those were the days
Representative Devin Nunes has spent months fudging how the FISA purpose actually works to help take heat off of the Trump administration
Here's what you need to know about "unmasking," the part of FISA that gets Trump (wrongly) so worked up
It is a strange web that has been cast over the entire world. Other countries have teamed with AT&T and the NSA to spy on internet, phone and email communications of all citizens and data passing through their systems.