From the Radio Free Michigan archives ftp://141.209.3.26/pub/patriot If you have any other files you'd like to contribute, e-mail them to bj496@Cleveland.Freenet.Edu. ------------------------------------------------ Forwarding a message from Linda Thompson which sounds important. I admit not knowing enough about legal stuff to interpret all of it, so I asked her some questions, I will append that reply to in case that helps any of you. Sorry if this message is too long and unwanted, but I try to only forward the things that look like they could be alerting us to something. There is an experimental WWW server for searching U.S. Code at "http://www.pls.com:8001/his/usc.htm" I will probably give that a try next. ____ ==> [ unzip here ] |____)-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-[] <> Dr. Linda D. Thompson, American Justice Federation sent: Date: Sat, 11 Feb 95 05:06 EST From: lindat@iquest.net (Dr. Linda D. Thompson, American Justice Federation) Please excuse any duplication to you. I have not finished sorting out my lists and only recently figured out the difference between individuals and newsgroups (and have not yet gotten the names that are already in newsgroups). This was too important to wait on me to finish sorting. *********************** ALERT ALERT ************************ WARRENTLESS SEARCHES CAN NOW BE APPROVED BY FREEH, RENO, DOD, ET. AL. AND CONDUCTED BY ANY FED AGENCY. DUE TO THE CRIME BILL, THE FED AGENCIES ARE NOW ALL OPERATING IN CONSOLIDATED "TASK FORCES." THIS EXECUTIVE ORDER ***SPECIFICALLY*** APPLIES TO ANYONE USING COMPUTER COMMUNICATIONS TO GATHER INFORMATION (SEE THE UNDERLYING LAW AT 50 USC 1801.) IT MAY ALSO BE USED TO APPLY TO MILITIAS BY THE AMBIGUOUS WORDING IN 50 USC 1801 and PL 103-359 THE WHITE HOUSE Office of the Press Secretary ___________________________________________________________________ For Immediate Release February 9, 1995 EXECUTIVE ORDER - - - - - - - FOREIGN INTELLIGENCE PHYSICAL SEARCHES By the authority vested in me as President by the Constitution and the laws of the United States, including sections 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801, et seq.), as amended by Public Law 103- 359, and in order to provide for the authorization of physical searches for foreign intelligence purposes as set forth in the Act, it is hereby ordered as follows: Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section. Sec. 2. Pursuant to section 302(b) of the Act, the Attorney General is authorized to approve applications to the Foreign Intelligence Surveillance Court under section 303 of the Act to obtain orders for physical searches for the purpose of collecting foreign intelligence information. Sec. 3. Pursuant to section 303(a)(7) of the Act, the following officials, each of whom is employed in the area of national security or defense, is designated to make the certifications required by section 303(a)(7) of the Act in support of applications to conduct physical searches: (a) Secretary of State; (b) Secretary of Defense; (c) Director of Central Intelligence; (d) Director of the Federal Bureau of Investigation; (e) Deputy Secretary of State; (f) Deputy Secretary of Defense; and (g) Deputy Director of Central Intelligence. None of the above officials, nor anyone officially acting in that capacity, may exercise the authority to make the above certifications, unless that official has been appointed by the President, by and with the advice and consent of the Senate. WILLIAM J. CLINTON=7F THE WHITE HOUSE, February 9, 1995. My couple questions and response from LT. --Bob ____ ==> [ unzip here ] |____)-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-8-[] <> Dr. Linda D. Thompson, American Justice Federation sent: Date: Sat, 11 Feb 95 10:24 EST From: lindat@iquest.net (Dr. Linda D. Thompson, American Justice Federation) >Linda, please pardon my ignorance on such matters but I don't understand >how you derived your comments about this applying to "computer comms.." You have to look at the Code section that is referenced in the Executive Order and the Public Law. That's one of the reasons they just say things like "pursuant to 50 USC 1801" rather than say what it says -- so you won't KNOW what it says (unless you go look up the referenced law). I think the PL cited in it is the most recent crime bill (P.L. 103- 359) and I'm working on finding that out (if the PL number corresponds to the Crime Bill or not). That's another little "we don't want you to know" stunt they pull because nothing is filed by Public Law number. After it passes, it gets published in relevant US Code Sections, making it a pain in the butt to find it as a "public law number." Anyway, just from the US Code portion, you can see what I'm talking about. We have the US Code here and my comments are based on 50 U.S.C. 1801, et seq. It is too long to type in but if you don't have access to the US Code, any law school library or local courthouse law library has them. It is talking generally about "foreign terrorists," however, if you were watching the 1994 Crime Bill, they have made just about anything fit into "terrorism," as it suits them (i.e., abortion protestors are "terrorists.") The language in that code section specifically references anyone who obtains mail by computer without the permission of the writer or receiver. Well, duh. Anyone who FTPs can do that (just as a for instance), though there is an argument that if something is available for FTP, the person has consented to its distribution (but you could be making that argument from the defendant's side of a courtroom, hoping to make bail...). The wording is extremely ambiguous in several parts and I am certain that whatever PL 103-359 says, it didn't make it any better. As for where to get it, you can get a lot of these from whitehouse.gov. They don't get numbered until they are published in the record, usually about two weeks after they come out. >from the attached EO, I'm asking only because I don't understand, it's >not a complaint. Also, I don't see the EO number any where on this? Is >there a place on the net to access and download EO's as they are published? > >As you can see, after my last debacle I am being more cautious and >skeptical of "announcements" that are emailed to me. > >Thanks, Bob I don't know anything about your debacle, but it pays to be skeptical and look these things up yourself, because then you know for certain what is and isn't true. There's plenty going on that *is* true, that is terrible and we need all the motivated people we can find to fight this total abrogation of our Constitution. ****************************************************************************** * Dr. Linda D. Thompson NO JUSTICE, NO PEACE. * * American Justice Federation * * 3850 S. Emerson Avenue, Suite E, Indianapolis, IN 46203 * * Telephone: (317) 780-5203 AEN News BBS: (317) 780-5211 * * Fax: (317) 780-5209 Orders (Visa/MC) 1-800-749-9939 * * Internet: Lindat@iquest.net * ******************************************************************************* -----URL is "http://tomahawk.welch.jhu.edu:1080/breinhar.html" / / Without Prejudice, UCC 1-207 /__,_ _ o ____ /_ __. __ Robert Bryan Reinhardt /_) (_