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Strange Famous Forum > Social stuff. Political stuff. KNOWMORE

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MessiahCarey



Joined: 01 Jul 2002
Posts: 10924
Freedom of Information Act sends its regards...  Reply with quote  

This would probably be the result of the bill, expected to pass, creating the Department of Homeland "Security".

Basically...the FOIA is no use anymore as long as it's "relating to terrorism". Of course, that wouldn't be so bad except that we know how loosely that is going to be defined.

An example...my friend was caught with a half pound of shrooms. He's facing a charge that's called "conspiracy to overthrow the government" - would that be considered terrorism? Probably. Hackers, because of the damage they can do to the economy, are commonly referred to as "terrorists" although hate crime violators - who obviously terrorize - AREN'T terrorists...go figure...I sometimes think Police also fit into this category the way that I see my 66 year old mother looks like she's on the verge of a heart attack when she drives by one at a couple miles below the speed limit.

Anyway - Here's where they dead all that pesky Freedom of Information act stuff.

SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE INFORMATION.

(a) PROTECTION-

(1) IN GENERAL- Notwithstanding any other provision of law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph (2)--

(A) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act);

(B) shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;

(C) shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under Federal or State law if such information is submitted in good faith;

(D) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this subtitle, except--

(i) in furtherance of an investigation or the prosecution of a criminal act; or

(ii) when disclosure of the information would be--

(I) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or

(II) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the General Accounting Office.

(E) shall not, if provided to a State or local government or government agency--

(i) be made available pursuant to any State or local law requiring disclosure of information or records;

(ii) otherwise be disclosed or distributed to any party by said State or local government or government agency without the written consent of the person or entity submitting such information; or

(iii) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and

(F) does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection.

(2) EXPRESS STATEMENT- For purposes of paragraph (1), the term `express statement', with respect to information or records, means--

(A) in the case of written information or records, a written marking on the information or records substantially similar to the following: `This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of the Critical Infrastructure Information Act of 2002.'; or

(B) in the case of oral information, a similar written statement submitted within a reasonable period following the oral communication.

(b) LIMITATION- No communication of critical infrastructure information to a covered Federal agency made pursuant to this subtitle shall be considered to be an action subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App. 2).

(c) INDEPENDENTLY OBTAINED INFORMATION- Nothing in this section shall be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a), including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law.

(d) TREATMENT OF VOLUNTARY SUBMITTAL OF INFORMATION- The voluntary submittal to the Government of information or records that are protected from disclosure by this subtitle shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law.

(e) PROCEDURES-

(1) IN GENERAL- The Secretary of the Department of Homeland Security shall, in consultation with appropriate representatives of the National Security Council and the Office of Science and Technology Policy, establish uniform procedures for the receipt, care, and storage by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government. The procedures shall be established not later than 90 days after the date of the enactment of this subtitle.

(2) ELEMENTS- The procedures established under paragraph (1) shall include mechanisms regarding--

(A) the acknowledgement of receipt by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government;

(B) the maintenance of the identification of such information as voluntarily submitted to the Government for purposes of and subject to the provisions of this subtitle;

(C) the care and storage of such information; and

(D) the protection and maintenance of the confidentiality of such information so as to permit the sharing of such information within the Federal Government and with State and local governments, and the issuance of notices and warnings related to the protection of critical infrastructure and protected systems, in such manner as to protect from public disclosure the identity of the submitting person or entity, or information that is proprietary, business sensitive, relates specifically to the submitting person or entity, and is otherwise not appropriately in the public domain.

(f) PENALTIES- Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any critical infrastructure information protected from disclosure by this subtitle coming to him in the course of this employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with, such department or agency or officer or employee thereof, shall be fined under title 18 of the United States Code, imprisoned not more than 1 year, or both, and shall be removed from office or employment.

(g) AUTHORITY TO ISSUE WARNINGS- The Federal Government may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential threats to critical infrastructure as appropriate. In issuing a warning, the Federal Government shall take appropriate actions to protect from disclosure--

(1) the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or

(2) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain.

(h) AUTHORITY TO DELEGATE- The President may delegate authority to a critical infrastructure protection program, designated under subsection (e), to enter into a voluntary agreement to promote critical infrastructure security, including with any Information Sharing and Analysis Organization, or a plan of action as otherwise defined in section 708 of the Defense Production Act of 1950 (50 U.S.C. App. 2158).
Post Thu Nov 14, 2002 11:28 am
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td3



Joined: 30 Jun 2002
Posts: 2764
Location: Chicopee & Springfield, MA
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"my friend was caught with a half pound of shrooms. He's facing a charge that's called "conspiracy to overthrow the government" "


thats one of the craziest things ive ever heard... how did they try and say that?

td3
Post Thu Nov 14, 2002 11:32 am
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Satyre



Joined: 03 Jul 2002
Posts: 753
Location: Indianapolis
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That's a lot of shrooms...Yummy!
Post Thu Nov 14, 2002 12:22 pm
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mr self distrukt



Joined: 01 Jul 2002
Posts: 1249
Location: a crew called self
what georgey thinks of killing people  Reply with quote  




(no photoshop, no nothin. this is straight off today's Tribune front page)
Post Thu Nov 14, 2002 1:07 pm
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MessiahCarey



Joined: 01 Jul 2002
Posts: 10924
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td3 wrote:
"my friend was caught with a half pound of shrooms. He's facing a charge that's called "conspiracy to overthrow the government" "


thats one of the craziest things ive ever heard... how did they try and say that?

td3


It's a charge listed on his paperwork, along with about 10 others.

"Conspiracy to Overthrow the Government using a Toxic Fungus" or something similar is it's "official" title. It's obnoxious, but it might get dropped anyway because it was all in one bag, so there was no indication that he'd be distributing it, which makes me think - it's obvious a judge knows NOTHING about shrooms when he beleives someone has THAT much for personal consumption. It worries me that there are people making judgements on someone's freedom based on things they aren't familiar with...in this case it just happened to work in my man's favor.

Peace,
Shane
Post Thu Nov 14, 2002 1:14 pm
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August Spies



Joined: 09 Aug 2002
Posts: 1979
Location: D.C.
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can you give us a link to the original thing you posted?
Post Thu Nov 14, 2002 1:36 pm
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MessiahCarey



Joined: 01 Jul 2002
Posts: 10924
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Certainly.

http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.5710:

There's other doozies in there, I don't know whether I even want to fucking look at this thing anymore for fear of sending myself spiraling towards depression.

- Shane
Post Thu Nov 14, 2002 2:57 pm
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MessiahCarey



Joined: 01 Jul 2002
Posts: 10924
 Reply with quote  

Up...
Post Thu Nov 14, 2002 4:13 pm
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August Spies



Joined: 09 Aug 2002
Posts: 1979
Location: D.C.
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When cowboy bushie comes to town....welcome to 1984
Post Thu Nov 14, 2002 5:17 pm
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Petrouchka Rasputin



Joined: 30 Jun 2002
Posts: 852
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I doubt there will be many convictions from "Conspiracy to Overthrow the Government using a Toxic Fungus." It would be very difficult to prove that someone was trying to overthrow the government by selling narcotics.

I like how your government is effectively rewriting its constitution by introducing laws that contradict it. I wonder if the courts will ever sort out which should stand, the constitution or the new laws.
Post Thu Nov 14, 2002 7:50 pm
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td3



Joined: 30 Jun 2002
Posts: 2764
Location: Chicopee & Springfield, MA
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Rasputin, where are you at?

you are right though man... shit is wild

PS: Shane, i just thought about it... a fucking half a pound of shrooms? thats an extremely large amount to have on you at once.. haha...

PSS: can he still get them? ha

td3
Post Thu Nov 14, 2002 7:59 pm
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Petrouchka Rasputin



Joined: 30 Jun 2002
Posts: 852
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Halifax, Nova Scotia.

But for some reason I don't like to say I'm Canadian. I guess I just think nationalism is bullshit, so I'd rather pretend I'm not a citizen of any country.
Post Thu Nov 14, 2002 8:10 pm
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Sarcastro



Joined: 27 Sep 2002
Posts: 3281
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Almost all younger people I know living in Canada are like that (including me)
Post Thu Nov 14, 2002 8:18 pm
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MessiahCarey



Joined: 01 Jul 2002
Posts: 10924
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td3 wrote:
PSS: can he still get them? ha

td3


Yeah...meet him at the Worcester House of Correction. Heh.

And it would be P P S - Post Post Script...

Just for that - ;)

Peace,
Shane
Post Fri Nov 15, 2002 7:19 am
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Soul Khansenses



Joined: 12 Aug 2002
Posts: 2110
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Homeland Security, the Patriot Act, and all other GOP efforts to combat terrorism will collapse on themselves. Bank on it.
Post Fri Nov 15, 2002 10:25 pm
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