Mudcat Café message #1651948 The Mudcat Café TM
Thread #62901   Message #1651948
Posted By: Old Guy
19-Jan-06 - 10:42 PM
Thread Name: BS: Popular Views of the Bush Administration
Subject: RE: BS: Popular Views of the Bush Administration
http://caselaw.lp.findlaw.com/casecode/uscodes/50/chapters/36/subchapters/i/sections/section_1802.html

"Section 1802. Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court

    (a)(1) Notwithstanding any other law, the President, through the
    Attorney General, may authorize electronic surveillance without a
    court order under this subchapter to acquire foreign intelligence
    information for periods of up to one year if the Attorney General
    certifies in writing under oath that -
    (A) the electronic surveillance is solely directed at -
    (i) the acquisition of the contents of communications         transmitted by means of communications used exclusively between         or among foreign powers, as defined in section 1801(a)(1), (2),       or (3) of this title; or       (ii) the acquisition of technical intelligence, other than
    the spoken communications of individuals, from property or
    premises under the open and exclusive control of a foreign
    power, as defined in section 1801(a)(1), (2), or (3) of this
    title;
    (B) there is no substantial likelihood that the surveillance
    will acquire the contents of any communication to which a United
    States person is a party; and
    (C) the proposed minimization procedures with respect to such
    surveillance meet the definition of minimization procedures under
    section 1801(h) of this title; and
    if the Attorney General reports such minimization procedures and
    any changes thereto to the House Permanent Select Committee on
    Intelligence and the Senate Select Committee on Intelligence at
    least thirty days prior to their effective date, unless the
    Attorney General determines immediate action is required and
    notifies the committees immediately of such minimization rocedures
    and the reason for their becoming effective immediately.
    (2) An electronic surveillance authorized by this subsection may
    be conducted only in accordance with the Attorney General's
    certification and the minimization procedures adopted by him. The
    Attorney General shall assess compliance with such procedures and
    shall report such assessments to the House Permanent Select
    Committee on Intelligence and the Senate Select Committee on
    Intelligence under the provisions of section 1808(a) of this      title.
    (3) The Attorney General shall immediately transmit under seal to
    the court established under section 1803(a) of this title a copy    of his certification. Such certification shall be maintained under
    security measures established by the Chief Justice with the
    concurrence of the Attorney General, in consultation with the
    Director of Central Intelligence, and shall remain sealed unless -
    (A) an application for a court order with respect to the
    surveillance is made under sections 1801(h)(4) and 1804 of this
    title; or
    (B) the certification is necessary to determine the legality of
    the surveillance under section 1806(f) of this title.
    (4) With respect to electronic surveillance authorized by this
    subsection, the Attorney General may direct a specified
    communication common carrier to -
    (A) furnish all information, facilities, or technical
    assistance necessary to accomplish the electronic surveillance in
    such a manner as will protect its secrecy and produce a minimum
    of interference with the services that such carrier is providing
    its customers; and
    (B) maintain under security procedures approved by the Attorney
    General and the Director of Central Intelligence any records
    concerning the surveillance or the aid furnished which such
    carrier wishes to retain.
    The Government shall compensate, at the prevailing rate, such
    carrier for furnishing such aid.
      (b) Applications for a court order under this subchapter are
    authorized if the President has, by written authorization,
    empowered the Attorney General to approve applications to the court
    having jurisdiction under section 1803 of this title, and a judge
    to whom an application is made may, notwithstanding any other law,
    grant an order, in conformity with section 1805 of this title,
    approving electronic surveillance of a foreign power or an agent of
    a foreign power for the purpose of obtaining foreign intelligence
    information, except that the court shall not have jurisdiction to
    grant any order approving electronic surveillance directed solely
    as described in paragraph (1)(A) of subsection (a) of this section
    unless such surveillance may involve the acquisition of
    communications of any United States person."