Intelligence Authorization Act, Section 309 Surveillance Procedures
The Intelligence Authorization Act for Fiscal Year 2015, specifically Section 309, establishes new procedures for the retention of incidentally acquired communications. This legislation permits the acquisition and retention of non-public electronic communications for up to five years, even without a court order, if they involve United States persons. Critics argue the bill legitimizes existing bulk collection practices and provides legal cover for the intelligence community to monitor domestic data.
intelligence authorization act· section 309· surveillance· house bill 4681· mike rogers
00:00 You're an automatic chick magnet. Adam Curry, John C. Dvorak. It's Sunday, December 14th, 2014 time for your Gitmo Nation media assassination episode 678. This is no agenda. Celebrating sequential and unique numerical patterns in FEMA Region 6, the capital of the drone star states, Austin, Texas. In the morning, everybody. I'm Adam Curry. And from northern Silicon Valley where everybody's slipping and sliding. I'm John C. Dvorak. You got freeze no, I just thought I'd say that Wow, they really don't report the weather anywhere else do that it's freezing and Frosty Wow, all right
00:50 So we start off with some legislation right off the bat, John, just to get it going, just so everyone can get into the mood. Oh, let me pull up my Greenpeace stuff first. I've got plaster all over the house. Your Greenpeace stuff? Yeah, you know, familiar with the story, I guess. Yeah, I'm very familiar with the story, but I... Well, I've decided to put those signs everywhere. I wanted to... I wanted to read a little piece of legislation while everyone was paying attention to what we're paying attention to. Oh yes, we had the torture report. What else did we have? We had the never-ending torture report. The spending bill. We had a little spending bill that I guess last night they
01:28 They decided, okay, good to go. We'll sign off on that. After a long theater like charade. Well, of course, charade. A charade. There was also another act that passed that didn't get a lot of attention. This is Bill 4681 passed the, I believe this is now passed the House and the Senate. Is it a House Bill 4681? Let me check. Yes, it is. And this is, the short title is the Intelligence Authorization Act for Fiscal Year 2015. Ah, this sounds good already. Yeah. And there is a, you know, there's a couple of things in there, you know, increasing employee compensation, benefits, let's see, software licensing. I got to make sure everyone's paid. But then section 309,
02:23 Which in the final bill this bill in the final version of the bill is actually titled correctly It was mistitled up until this final version. I'm wondering if I have the the mistitle was actually funny That's why I think it escaped a lot of people's attention Let me see if I happen to be able to Find the mistitle it was very cute I can't find it offhand. Doesn't matter. It is now correctly titled procedures for the retention of incidentally acquired communications. Already a winner. It's incidental. This of course you will find marked up in your show notes at 678.noagendanotes.com. The best place to find all the show notes is archive.noagendanotes.com. Section 309 procedures for the retention of incidentally
03:16 Acquired communications. We need some definitions first, John, as you know. This is how legal documents work and as a legal groupie I fawn over this stuff. Definitions in this section. Covered communication. So this is the communication section 309 is going to be talking about. The term covered communication means any non-public telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage. I think that pretty much covers everything, doesn't it? Sounds pretty good. Sounds pretty comprehensive. Right down to electronic storage. I think that is known as the cloud.
04:01 Then we have another definition, head of an element of the intelligence community. This is the people who are allowed to authorize this. That can be the head of the intelligence community or the head of the department or agency containing such elements. So again, pretty much everybody. Another definition, United States person. Now of course we know what a United States person is. This term is relatable to the Foreign Intelligence Surveillance Act of 1978. So a United States person is any person, but also any company, any entity that is a legal entity in the United States. And then we have the procedures for the covered communications. Here's where it gets interesting. The application of the procedure shall apply to any intelligence collection activity not otherwise authorized by court order.
04:54 So, when I saw this jumped out at me, this is part of my Tourette's superpowers. These words just, what? So if there's no court order, no warrant for a surveillance or intelligence collection, as they call it here, that would fall under the not otherwise authorized. I guess that would also be like emails between you and I if there was no warrant. Yeah. Then they just happened to stumble on him somehow by accident by looking at him. It's even better than that. Let's see. So, not otherwise authorized by any of these processes 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, acquisition, retention, and dissemination of covered communication subject to the limitation in paragraph B. So, this is for any communication outside of court orders.
05:53 And this permits the acquisition. So going to, for instance, Google and saying, hey, here is the law that has been signed. It hasn't been signed yet, but we're expecting the president to sign this into law. I have it written here. I can acquire and retain and disseminate this communication because it falls under the definitions of covered communications. Give that to me. And the limitation on retention is five years. However, you can do longer than five years, and this is my favorite, retention is necessary to protect against 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 Committee. It's not later than 30 days after the date such retention is extended under this clause. Now we know what imminent means these days.
06:53 Do you remember? Yeah, it means just about anything. It doesn't mean anything is what it really means. It doesn't... Imminent means it doesn't even have to be a provable threat. It's just if it's assumed... Like the 16-year-old kid, American citizen, gunned down by a drone in a public cafe. Imminent threat. You never know what he was doing. Yeah, he could have been... Imminent threat. Who knows what. And so they can do all this and then don't even have to report on it until 30 days after the fact. And that's section 309 everybody. So what do you think is new about this that makes it so important? It legitimizes... Wow, okay.
07:32 It legitimizes acquisition and retention of communications between United States persons. United States persons. It's a cover your ass law because they're doing this anyway. Well, okay. You can see it as such. Yes. But this is exactly the piece that has always been debated. We don't collect anything if there's a US person involved and if it's US persons, if there's no foreign actor. Well, they never said that. They usually say on purpose. Well, now it has this is for anything, for any communication not otherwise authorized. So then now the end can be United States personally does not have to have a foreigner involved in the covered communication. So I think it is new. Ten bucks just doesn't pass.
08:21 Well, it's passed. All it has to do now is be signed by the president. He's going to line item veto this or something? This is passed. You see, they're not going to sign it. I don't know if the Senate's looked at it. Yes. No, I'm pretty sure. Hold on a second. Let me take a look. Yeah, I am pretty sure that this is passed both houses. I don't think so. Okay, I could be wrong. What is this password? What is this bull crap? Want to look at a password or stickers let me see what I'm I thought it passed both houses John's Looking here. I'm looking mm-hmm HR 4681 no no no gov track yeah exactly four six eight one. What do we have?
09:04 I'm going in there as well. Barbara Lee voted no. Wow, must have been no money in it for her. Yes, passed House, passed Senate. They're resolving differences, which I think is the one I just read to you. Prognosis on the GovTrack is 31% chance of being enacted. Well, it has passed both houses, so that gives it a good chance regardless. Our representatives pass this they don't care. They don't care about the public yeah We even knew this was going on as she was came. This is Mike Rogers. Yes. I know it's his bill isn't that great? One more before I become a DJ this guy's living in a dream world he can probably go on there Hey, everybody's Mike Rogers here on the premier radio networks. Yes. I am the author of HR 4681 screw you bubba loo
