posted on Mar, 14 2008 @ 10:05 AM
I think everyone who tries to keep informed on the latest machinations of Congress, is all too familiar with the provisions laid out in the Patriot
Act for spying on a “united states person”. The true meaning of the “term’ United States person has already been decided by the courts,
according to one attorney I spoke with, but he didn’t elaborate. So with that in mind, lets take a look at some uses of the “term’ United States
person used in the code.
First off TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
(2) The term `United States persons' has the meaning given that term under section 101(i) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(i)).
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Pretty straight forward wouldn’t you say? Title 48 of the code deals with contracts (erecting federal buildings, airports) BTW, the Real I.D
is only required at airports owned by the federal government (limited to 15), to board aircraft owned by the federal government, and for federal
employees boarding private aircraft, provision are laid out in title 49 of the code. The “no fly “ list only applies to aircraft owned by the
federal government, and for federal employees. Title 48 also deals with licenses issued by the federal government, mostly for exporting things to
terrorist countries, weapons. I’ll try to keep this brief, if one goes to title 50 USC to discover one of the meanings of united states person, it
states its based on the
Export Administration Regulations
Legal Authority 67
Here’s the definition for united state person, as for as the Foreign Intelligence Surveillance Act is concerned.
(2) the term “United States person” means any
United States resident or national (other than an
individual resident outside the United States and
employed by other than a United States person), any
domestic concern (including any permanent domestic
establishment of any foreign concern) and any foreign
subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is
controlled in fact by such domestic concern, as
determined under regulations of the President….. end quote.
You’ll notice that a “domestic concern” can also be united states person, as the definition states. Well that sort of begs the question
what is a “domestic concern”, and do the regulations define “domestic concern”? Here’s the definition for a “domestic concern”
(B) A comprehensive operations license,
authorizing exports and reexports of technology and
related goods, including items from the list of militarily
critical technologies developed pursuant to section 5(d)
of this Act which are included on the control list in
accordance with that section, from a domestic concern
to and among its foreign subsidiaries, affiliates, joint
venturers, and licensees that have long-term,
contractually defined relations with the exporter, are
located in countries other than controlled countries,
(except the People's Republic of China) and are
approved by the Secretary. The Secretary shall grant… end quote
So by definition, a “domestic concern” is someone in the United States that has acquired a license from the federal government, per Title
48 USC, for the sole purpose of exporting weapons, and weapon technology, and is subject to the Foreign Intelligence Surveillance Act , as amended,
it now includes wire taps, reading mail et.