NSA collecting phone records of millions of Verizon users: Why?

[IlarMeilyr]

The 40 some odd page Rosen Search Warrant in PDF format is found here:

http://s3.documentcloud.org/documents/702199/d-o-j-versus-james-rosen.pdf

The TEXT version is found here (and it is easier to copy and paste portions using this version):

http://s3.documentcloud.org/documents/702199/d-o-j-versus-james-rosen.txt

The part I find quite troubling is that the FBI Agent who signed the application had engaged in conversations with the AG's Office and it is thus indisputable that the AG was fully familiar with the lawful restrictions they had to seek to "get around" in order to apply for a subpoena.

8. Based on my training and experience, and discussions with the United States
Attorney's Omce, I have learned that the Privacy Protection Act (the codified at 42
U.S.C. 2000aa _e1_sgq., defines when a search warrant impacting media-related work product
and documentary materials may be executed. Section 2000aa(a) of the PPA states, in pertinent
part:

Work product materials
Notwithstanding any other law, it shall be unlawful for a government officer or

employee, in connection with the investigation or prosecution of a criminal offense, to
search for or seize any work product materials'? possessed by a person reasonably

* * * *
Case Document 20-1 Filed 11/07/11 Page 5 of 36

believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or
other similar form of public communication, in or affecting interstate or foreign
commerce; but this provision shall not impair or afl'ect the ability of any government
officer or employee, pursuant to otherwise applicable law, to search for or seize such
materials,

(1) there is probable cause to believe that the person" possessing such materials
has committed or is committing the criminal ofiense to which the
materials relate: Provided, however, That a government officer or
employee may not search for or seize such materials under the provisions
of this paragraph if the offense to which the materials relate consists of
the receipt, possession, communication, or withholding of such materials
or the infonnation contained therein (but such a search or seizure may be
conducted under the provisions of this paragraph if the ofiense consists
of the receipt, possession, or communication of information relating to
the national defense, classified information, or restricted data under the
provisions of section 793, 794, 797, or 798 of title 18, or [other

enumerated statutes])

Other documents
Notwithstanding any other law, it shall be unlawful for a government oflicer or

employee, in connection with the investigation or prosecution of a criminal offense, to
search for or seize documentary materials, other than work product materials,' possessed

(1) in anticipation of communicating such materials to the public, are prepared, produced,
authored, or created, whether by the person in possession of the materials or by any other
person;

(2) are possessed for the purposes of communicating such materials to the public; and

(3) include mental impressions, conclusions, opinions, or theories of the person who prepared,
produced, authored or created such material.

42 U.S.C.
Section 2000aa-7(a) defines the terms "documentary materials" as follows:

"Documentary materials" as used in this chapter, means materials upon which information is
recorded, and includes, but is not limited to, written or printed materials, photographs, motion
picture films, negatives, video tapes, audio tapes, and other mechanically, magnetically or
electronically recorded cards, tapes, or discs, but does not include contraband or fiuits of a
crime or things otherwise criminally possessed, or property designed or intended for use, or

5

Case Document 20-1 Filed 11/07/11 Page 6 of 36

by a person in connection with a purpose to disseminate to the public a newspaper, book,
broadcast, or other similar form of public communication, in or afiecting interstate or
foreign commerce; but this provision shall not impair or affect the ability of any
government oficer or employee, pursuant to otherwise applicable law, to search for or
seize such materials,

(1) there is probable cause to believe that the person possessing such materials
has committed or is committing the criminal offense to which the
materials relate: Provided, however, That a government officer or
employee may not search for or seize such materials under the provisions
of this paragraph if the offense to which the materials relate consists of the
receipt, possession, communication, or withholding of such materials or
the information contained therein (but such a search or seizure may be
conducted under the provisions of this paragraph if the offense consists of
the receipt, possession, or communication of information relating to the
national defense, classified information, or restricted data under the
provisions of section 793, 794, 797, or 798 of title 18, or [other
enumerated statutes])

42 U.S.C. 2000aa(a) (emphasis added). Thus, section 2000aa(a) specifically exempts from its
prohibitions cases in which there is probable cause to believe that the possessor of media related
work product or documentary materials has committed a violation of section 793. * * * *

So, the Government HAD to claim that Rosen was possibly a criminal or co-conpirator in order to try to do their little end run.

And now the AG "regrets" that he had to make that claim?

It was either a true statement or it wasn't. Having the FBI (an agency under his official domain) make that claim to a court when it wasn't true, and Holder KNEW it wasn't true, is unconscionable.

At a very base line MINIMUM, the chief law enforcement officer of the United States government cannot properly lie to the Judges or magistrates in the Judicial Branch or sit by silently and permit those under his official domain do so.

Holder has to be removed from office.

Are you saying that it is unreasonable to suspect that a journalist who received and published classified information may have been illegally involved in the acquisition of that classified information?

First off, "may have been" is not the same as "probable cause to believe."

The CLAIM that there was "probable cause to believe" it came from the FBI agent after consulting with the AG's Office.

There either WAS probable cause to believe it or there wasn't.

If HOLDER (it is HIS opinion at issue, not mine) now "regrets" having to have to make that claim, then either he REGRETS having to tell the truth or he REGRETS that he had to make a claim that he didn't believe himself.

Do you think Holder was saying he regretted having to tell the truth??? That kind of thing bothers him?? (AG Holder: "I don't normally tell the truth and I don't like having to tell the truth but sometimes I am forced to do it and I sure regret those occasions.') OR

Do you think Holder was expressing regret over "having" to make a claim that he didn't believe?

 

[LordBrownTrout]

I was on a military board at the time, not this one, but I still recall quite clearly what those RWers were saying.

The "I've got nothing to hide" crowd has changed their tune quite a bit since the black guy got in office. I don't even want him doing it, but I tried to warn them that they would not like Bush's policies used by a Dem. they didn't listen.

The ‘I have nothing to hide’ argument is the epitome of stupidity and hackery. What you see though is that those using it before are not the only ones to flip after a letter on the man in charge changes. Now we have democrats making that same statement. Those democrats that likely hated the patriot act when it was created because of Bush.

Who? What liberals support this data mining?

Of course they did. They re-elected him knowing that he was wire tapping everyone's phones.

 

[Katzndogz]

obama believes that Americans are his enemies, like foreign terrorists are. He has no idea really who is liberal and who is conservative. It's not like American conservatives run around screaming allah akbar. He has to find out whether a grandmother in Pasadena is telling her friend in Glendale that she doesn't really think that obamacare is going to work.

 

[ClosedCaption]

obama believes that Americans are his enemies, like foreign terrorists are. He has no idea really who is liberal and who is conservative. It's not like American conservatives run around screaming allah akbar. He has to find out whether a grandmother in Pasadena is telling her friend in Glendale that she doesn't really think that obamacare is going to work.

The NSA started this shit when Bush was in office and had your blessing because you were scared of terrorist. The ACLU and other "awful liberals" tried to warn your dumb asses but you don't listen to them because they're stupid.

Now it's happening just like we said it would and you're caught by surprise.

Now who's stupid?

 

[BlindBoo]

What do you bet it's not just Verizon that they got a FISA warrant served to them. Or that this is really the first time for the current administration has done something like this?

 

[LordBrownTrout]

What do you bet it's not just Verizon that they got a FISA warrant served to them. Or that this is really the first time for the current administration has done something like this?

Not the first time and they're tapping all cell carriers and collecting all data transmissions. I'd bet the farm on that.

 

[Katzndogz]

obama believes that Americans are his enemies, like foreign terrorists are. He has no idea really who is liberal and who is conservative. It's not like American conservatives run around screaming allah akbar. He has to find out whether a grandmother in Pasadena is telling her friend in Glendale that she doesn't really think that obamacare is going to work.

The NSA started this shit when Bush was in office and had your blessing because you were scared of terrorist. The ACLU and other "awful liberals" tried to warn your dumb asses but you don't listen to them because they're stupid.

Now it's happening just like we said it would and you're caught by surprise.

Now who's stupid?

When Bush was in office there were rules. One side of the call had to be in a foreign country, and be a number or from a person known to be on a terrorist watch list. This is not the equal of Americans making local calls to one another no matter HOW liberals want to make it so. The taps under Bush were to identify those who would bring harm to the country. The taps under obama are to identify those who are critical of obama.

 

[Book of Jeremiah]

Even has Al Gore upset.

Al Gore: NSA Phone Records Collecting 'Obscenely Outrageous'

 

[bodecea]

I expect to see the left wing outrage in

3.............



2....................


1.....................................

I'm a Verizon user and I certainly am not happy....been texting key terms such as "bomb", "terrorist" "middle east" "revolution" etc. randomly to express my displeasure. I recommend that everyone on Verizon flood their texts, phone calls with such words.

 

[Katzndogz]

The NSA is just the latest scandal.

There's just one, it's obama's regime. One by one, obama has been directing governmental agencies to act against Americans.

 

[saveliberty]

The Patriot Act gone awry. Repeal it now.

 

[hjmick]

The Patriot Act was bullshit from the word go, it's bullshit now. These types of revelations just reinforce my opinion.

There is nothing patriotic about The Patriot Act.

Anyone who is "okay" with this shit should have their fucking head examined.

 

[CrusaderFrank]

Just the latest confirmation that Democrats are no longer Americans

Sent from my DROID RAZR using Tapatalk 2

 

[CrusaderFrank]

I expect to see the left wing outrage in

3.............



2....................


1.....................................

I'm a Verizon user and I certainly am not happy....been texting key terms such as "bomb", "terrorist" "middle east" "revolution" etc. randomly to express my displeasure. I recommend that everyone on Verizon flood their texts, phone calls with such words.

How to assemble an atomic bomb

Sent from my DROID RAZR using Tapatalk 2

 

[dilloduck]

obama believes that Americans are his enemies, like foreign terrorists are. He has no idea really who is liberal and who is conservative. It's not like American conservatives run around screaming allah akbar. He has to find out whether a grandmother in Pasadena is telling her friend in Glendale that she doesn't really think that obamacare is going to work.

What worries me more is that Obama's handlers think that they need all this information. Who in the world is threatened by Jane and John Doe ? Obama is frankly too stupid to be masterminding this scheme.
The only upside I can possibly think of is that there actually ARE millions of Americans who are so fed up that they actually talk about it.

 

[The Rabbi]

Of course they did. The NSA under Bush was doing the same thing...they put the policies in place after all.

My military service was shameful? That's pretty pathetic even for you.

You might read the information that has ALREADY been posted that shows Barry has gone WAY past anything Bush did. Are you proud of Barry now for continuing all the things that you hated when Bush did them ?

Except he hasn't and this thread is certainly NOT proof of it. He used the "rules" put in place by the previous administration.

I say stop him. Go ahead, do it.

Of course he has. There is no evidence the Bush administration did anything like this. You can sit there and deny all you want. Your whole military service was based on denial, so no surprise you continue it and see nothing wrong.

 

[CrusaderFrank]

Obama jihad

Sent from my DROID RAZR using Tapatalk 2

 

[LordBrownTrout]

I expect to see the left wing outrage in

3.............



2....................


1.....................................

I'm a Verizon user and I certainly am not happy....been texting key terms such as "bomb", "terrorist" "middle east" "revolution" etc. randomly to express my displeasure. I recommend that everyone on Verizon flood their texts, phone calls with such words.

Ah yes, another who ascribes to sarcasm as a way of offering up such sentiments as ..."if you're not doing anything wrong.........."

 

[ClosedCaption]

obama believes that Americans are his enemies, like foreign terrorists are. He has no idea really who is liberal and who is conservative. It's not like American conservatives run around screaming allah akbar. He has to find out whether a grandmother in Pasadena is telling her friend in Glendale that she doesn't really think that obamacare is going to work.

The NSA started this shit when Bush was in office and had your blessing because you were scared of terrorist. The ACLU and other "awful liberals" tried to warn your dumb asses but you don't listen to them because they're stupid.

Now it's happening just like we said it would and you're caught by surprise.

Now who's stupid?

When Bush was in office there were rules. One side of the call had to be in a foreign country, and be a number or from a person known to be on a terrorist watch list. This is not the equal of Americans making local calls to one another no matter HOW liberals want to make it so. The taps under Bush were to identify those who would bring harm to the country. The taps under obama are to identify those who are critical of obama.

Aww look at you so cute. You believe that why? Becwas Govwament told you? Aww look how guliible because Bushs govt always tells the truth and Big Bad Obama govt always lies. You need a pat on the head

USATODAY.com - NSA has massive database of Americans' phone calls

WASHINGTON, Dec. 15 - Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.

http://www.nytimes.com/2005/12/16/politics/16program.html?pagewanted=all&_r=0

 

[Katzndogz]

Just the latest confirmation that Democrats are no longer Americans

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Notice their "solution". The solution is to stop identifying middle eastern, muslim, terrorists.