big brother took care of it ... all is well (repeat after me)
so, the telcos are denying they turned over your phone records ... phew! silly usa today, got their facts wrong...
oh look! the president issued a memorandum on may 5 2006:
Memorandum of May 5, 2006
Assignment of Function Relating to
Granting of Authority for Issuance of Certain Directives
Memorandum for the Director of National Intelligence
By virtue of the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the function of the President under section 13(b)(3)(A) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m(b)(3)(A)).
In performing such function, you should consult the heads of departments and agencies, as appropriate. You are authorized and directed to publish this memorandum in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE, Washington, May 5, 2006.
um okay, so what? right? well wait, what exactly does the Securities Exchange Act of 1934 as amended (15 U.S.C. 78m(b)(3)(A) refer to? this:
(3) (A) With respect to matters concerning the national security of the United States, no duty or liability under paragraph (2) of this subsection shall be imposed upon any person acting in cooperation with the head of any Federal department or agency responsible for such matters if such act in cooperation with such head of a department or agency was done upon the specific, written directive of the head of such department or agency pursuant to Presidential authority to issue such directives. Each directive issued under this paragraph shall set forth the specific facts and circumstances with respect to which the provisions of this paragraph are to be invoked. Each such directive shall, unless renewed in writing, expire one year after the date of issuance.
oh ... well isn't that convenient? so basically, negreponte has the power to tell the telcos "it's okay folks, lie away, deny away, no one can hold you responsible or liable because this phone record thing was for the interest of national security" ... wow ...
here's links to the above in case you want read more:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-4538.htm
http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000078---m000-.html
oh look! the president issued a memorandum on may 5 2006:
Memorandum of May 5, 2006
Assignment of Function Relating to
Granting of Authority for Issuance of Certain Directives
Memorandum for the Director of National Intelligence
By virtue of the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the function of the President under section 13(b)(3)(A) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m(b)(3)(A)).
In performing such function, you should consult the heads of departments and agencies, as appropriate. You are authorized and directed to publish this memorandum in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE, Washington, May 5, 2006.
um okay, so what? right? well wait, what exactly does the Securities Exchange Act of 1934 as amended (15 U.S.C. 78m(b)(3)(A) refer to? this:
(3) (A) With respect to matters concerning the national security of the United States, no duty or liability under paragraph (2) of this subsection shall be imposed upon any person acting in cooperation with the head of any Federal department or agency responsible for such matters if such act in cooperation with such head of a department or agency was done upon the specific, written directive of the head of such department or agency pursuant to Presidential authority to issue such directives. Each directive issued under this paragraph shall set forth the specific facts and circumstances with respect to which the provisions of this paragraph are to be invoked. Each such directive shall, unless renewed in writing, expire one year after the date of issuance.
oh ... well isn't that convenient? so basically, negreponte has the power to tell the telcos "it's okay folks, lie away, deny away, no one can hold you responsible or liable because this phone record thing was for the interest of national security" ... wow ...
here's links to the above in case you want read more:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-4538.htm
http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000078---m000-.html

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