I just sent this to the NSA
This is really just to get you guys ready for our Federal Court Case, but if you treat it as an Appeal, I would appreciate it.
Privacy Act
The Privacy Act (PA) protects an individual's privacy by putting controls on federal agencies in the collection, use, maintenance, and dissemination of personal information. In addition, it entitles individuals to access federal agency records or to request an amendment to records that are maintained in a file retrievable by an individual's name or personal identifier, except to the extent that information is exempt from release. Individual, in the context of the Privacy Act, is defined as a U.S. citizen or an alien lawfully admitted for permanent residence. The Privacy Act also requires that agency records be accurate, relevant, timely, and complete, and amendments are limited to these criteria. However, amendments are normally restricted to correcting factual errors and not matters of official judgments, such as performance ratings, or subjective judgments that reflect an individual's observation, evaluation, or opinion.
Flast v. Cohen, 392 U.S. 83 (1968)
The "Intelligence Community" uses more Cryptography and Dark Web Applications than anyone in the World, that is why they didn't care what Hillary was doing, they do the same thing all the time.
They used to put like a News Paper or something at your house, with a Clock on the third page with the Hands pointing to the time you were supposed to go sit on the Bench.
Now they use the same Apps they try to tell you not to use because they are for ISIS.
These are articles about the NSA's Program called PRISM, where they use Google, Facebook, Yahoo, etc servers to collect information about you:
https://www.washingtonpost.com/news/wonk/wp/2013/06/12/heres-everything-we-know-about-prism-to-date/https://en.wikipedia.org/wiki/PRISM_(surveillance_program)
https://www.theguardian.com/us-news/2016/mar/08/fbi-changes-privacy-rules-accessing-nsa-prism-datahttp://www.vocativ.com/295204/nsa-prism/http://abcnews.go.com/topics/news/nsa-prism.htmIf you want to submit a FOIA (Freedom of Information Act request in order to get record from the NSA about you) here is how to do that. The Privacy Act Request is the Normal one to use (the 3rd one here) but you can file both. The top is a sample letter so that you have a template.
http://www.nfoic.org/sample-foia-request-lettershttp://m.nsa.gov/resources/everyone/foia/submit-foia-request/http://m.nsa.gov/resources/everyone/foia/submit-privacy-act-request/This is how to file a Consumer Complaint about any Company that has given away your information, this must be filed before a lawsuit.
https://www.usa.gov/consumer-complaintsEPCA (Privacy Act)
https://epic.org/privacy/ecpa/https://epic.org/privacy/laws/privacy_act.html"Individuals who violate ECPA face up to five years in prison and fines up to $250,000. Victims are also entitled to bring civil suits and recover actual damages, in addition to punitive damages and attorney's fees, for violations."
FISA (Foreign Surveillance law where the FISA courts come from)
http://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter36&edition=prelimhttps://www.govtrack.us/congress/bills/110/hr6304/textApplications of the Privacy Act
https://www.rosen.com/divorce/divorcearticles/electronic-communications-privacy-act/http://www.jurist.org/hotline/2014/01/khaliah-barnes-privacy-act.php42 U.S. Code § 1983 (Lawsuit for Violation of Rights)
18 U.S. Code § 242 (Criminal Charges for Government Officers using their status to infringe on personal Rights)
28 USC § 1442 (Bringing a Lawsuit against Government Officers)
Title II Rule 3 & 5 (Procedure for Suing Government Agencies)
Flast V Cohen (You can sue the Government for misuse of tax funds)
Katz V United States (Reasonable expectation of Privacy)
United States V United States District Court (Wiretapping)
Riley V California (Cell Phone Records)
United States V Guest (Protection from Government Conspiracies)
Watkins V United States (Congress' Power is not Unlimited)
Buckley V Fitzsimmons (No Immunity for Illegal investigations)
Hanrahan V Hampton (Example of an Extensive Government Conspiracy hashed out in Court for 20 years)
Include facts and damages in your claim. Your administrative claim must include the exact amount of money damages you are claiming, as well as enough facts about your case to allow the federal agency to investigate the merits of your claim. Using a SF 95 form will help ensure that you've included all of the necessary information.
The agency has six months to respond. Once your claim is submitted, the federal agency has six months to rule on it. In some cases, the federal agency may "admit" your claim (that is, agree that your claim is valid) and agree to pay you some or all of the money damages you demanded, and you may not need to go to court.
You then have six months to file a lawsuit. If the federal agency rejects your claim or refuses to pay all the money damages you demanded, you have six months from the date on which the decision is mailed to you to file a lawsuit. Again, file your lawsuit as soon as possible after receiving this decision to avoid any chance of having your lawsuit dismissed as untimely.
You don't have to sue until the agency rules on your claim. If the federal agency fails to rule on your administrative claim within six months, you have the choice of either awaiting the agency's decision or going ahead with your lawsuit. As long as the federal agency is still considering your claim, there is no time limit for you to file a law suit in federal court; the six-month time limit only begins to run once the agency has ruled on your claim.
Once you have gone through the procedures listed above -- a process known as "exhausting your administrative remedies" -- you are eligible to file a lawsuit in court to pursue money damages from the government.
Examples of Government Corruption
https://www.aclu.org/news/fbi-audit-exposes-widespread-abuse-patriot-act-powershttps://www.washingtonpost.com/politics/james-whitey-bulgers-capture-could-cause-trouble-inside-the-fbi/2011/06/24/AGis2cjH_story.htmlhttps://www.theguardian.com/technology/2011/mar/17/us-spy-operation-social-networksThe discovery that the US military is developing false online personalities known to users of social media as "sock puppets" could also encourage other governments, private companies and non-government organisations to do the same.
The Centcom contract stipulates that each fake online persona must have a convincing background, history and supporting details, and that up to 50 US-based controllers should be able to operate false identities from their workstations "without fear of being discovered by sophisticated adversaries".
https://www.liveleak.com/view?i=ec5_14273491ECPA Case law
Steve Jackson Games, Incorporated, et al. v. Secret Service, et al., 36 F.3d 457 (5th Cir. 1994)
Microsoft Corp. v. United States, No. 14-2985 (2d Cir. 2017)
4th Amendment Case Law
Katz v. United States, 389 U.S. 347 (1967)
Soldal v. Cook County 506 U.S. 56 (1992)
United States v. Jones, 132 S.Ct. 945 (2012)
Florida v. Jardines 569 U.S. ___ (2013)
There is no immunity for investigative activities Buckley v. Fitzsimmons 509 U.S. 259 (1993)
Government Agencies may not reveal private information during investigations Watkins v. United States, 354 U.S. 178 (1957)
They are known to spy on the citizens on the United States
https://www.govtrack.us/congress/bills/110/hr6304/texthttps://www.washingtonpost.com/news/wonk/wp/2013/06/12/heres-everything-we-know-about-prism-to-date/https://en.wikipedia.org/wiki/PRISM_(surveillance_program)
https://www.theguardian.com/us-news/2016/mar/08/fbi-changes-privacy-rules-accessing-nsa-prism-datahttp://www.vocativ.com/295204/nsa-prism/http://abcnews.go.com/topics/news/nsa-prism.htmboth have the capability to turn cell phones and other devices into spying devices Riley v. California 573 U.S. ___ (2014); United States v. United States Dist. Ct. 407 U.S. 297 (1972)
https://wikileaks.org/ciav7p1/both have the capability to spy through walls using FLIR technology Kyllo v. United States, 533 U.S. 27 (2001)
http://www.flir.com/home/Warrants can be retrieved and acted on illegally (Overbroad warrants, Malicious Warrants, etc), and those acting on them are liable for doing so Messerschmidt, et al. v. Millender, et al. 565 U.S. ___ (2012)
Defendant and Defendant 2 are both known to abuse their capabilities and retrieve illegal warrants to do so
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/02/23/court-invalidates-cell-phone-warrant-as-overbroad/http://archive.wired.com/politics/law/news/2007/07/exigentinvestigationhttps://supreme.justia.com/cases/federal/us/418/323/case.htmlhttps://en.wikipedia.org/wiki/Steve_Kurtzhttps://en.wikipedia.org/wiki/Brandon_Mayfieldhttps://en.wikipedia.org/wiki/Controversial_invocations_of_the_Patriot_Acthttps://www.aclu.org/news/fbi-audit-exposes-widespread-abuse-patriot-act-powershttps://www.washingtonpost.com/politics/james-whitey-bulgers-capture-could-cause-trouble-inside-the-fbi/2011/06/24/AGis2cjH_story.htmlhttp://www.cnn.com/2015/05/30/politics/what-happens-if-the-patriot-act-provisions-expire/http://highered.mheducation.com/sites/0072564938/student_view0/chapter4/chapter_outline.htmlhttps://www.law.cornell.edu/uscode/text/18/241https://en.m.wikipedia.org/wiki/Abuse_of_processGovernment Agents must be held to a higher standard than other citizens due to the fact that they are acting under Color of Law Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971)
Color of Law
The act of a state officer, regardless of whether or not the act is within the limits of his or her authority, is considered an act under color of law if the officer purports to be conducting himself or herself in the course of official duties. Under the civil rights act of 1871 (42 U.S.C.A. Section 1983), color of law is synonymous with State Action, which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it is by the state.
Types of Police misconduct include false confession, false arrest, false evidence, false imprisonment, intimidation, police brutality, police corruption, racial profiling, surveillance abuse, witness tampering, and off-duty misconduct.
Others include:
1. Noble Cause corruption, where an officer believes that a good outcome justifies his bad behavior.
2. Selective Enforcement, allowing friends, family and other officers to break the law.
3. Abuse of Power, using the badge to get in to places you would otherwise not be invited or allowed, discounts, etc.
4. Police Perjury, blatant lying under oath and/or to other authorities to cover wrongdoing.
5. Violation by Officers of police procedural policy.
Laws intended to protect against abuse of authority include the 4th Amendment to the Constitution, which prohibits unreasonable searches and seizures; the 14th Amendment to the Constitution, which includes due process and equal protection clauses; the Civil Rights Act of 1871; and the Federal Tort Claims Act.
Noble Cause corruption:
Corruption caused by the adherence to a teleological ethical system (ex: By their fruits you shall know them; pulling over anyone with larger rims on their car), suggesting that the person "will utilize unethical, and sometimes illegal, means to obtain a desired result," a result which appears to benefit the greater good.
Flast V Cohen
https://epic.org/privacy/ecpa/Individuals who violate ECPA face up to five years in prison and fines up to $250,000. Victims are also entitled to bring civil suits and recover actual damages, in addition to punitive damages and attorney's fees, for violations.
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