Posted by James on 7/30/2007, 11:22 am, in reply to "Re: Another and Bigger 9/11 Soon?" From my understanding of FISA, the beginning of surveillance is when active surveillance starts. This is not a large hurdle, and it completely negates the reasoning of the present administration on this issue. "To plug these gaps, FISA needs (as you said) to be re-written to ensure that no critical opportunity is lost that might have prevented a devastating attack on our people." I don't know if rewriting is necessary. It is only necessary to adjust and alter the law to current and foreseeable future advances in communications technology. Shouldn't prove too difficult to accomplish. That said, the law still has measures in place as is that the current administration really has no justifiable reason for breaking. "However, the potential for abuse is going to remain high. The thought of Hillary gaining these powers is frightening." Not even worth a response.
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"Actually, while this sounds reasonable, there are cases where it is not. Surveillance may be ongoing and disjointed in time, and the legal definition of "beginning" (as I have read it applied to FISA) is predicated on older technology. Some judges are hostile to the idea of surveillance, even when there is very reasonable cause."
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