The focus of change is the bolded red line marked “U.S. or non-U.S. Persons Located Inside or Outside the U.S.” Currently a warrant is required in this case. Notice the changes involving the bolded blue lines and text in the following chart:
What New FISA does is create a special case involving our bold red line in the first chart.
It provides a way for the executive branch to engage in warrantless (but “certified”) wiretapping of wire and cable (including email and phone) of any Foreign-to-U.S. communications collected inside the U.S. You’ll see the new set of criteria for certification in this special case. It does add new protections for U.S. Persons (citizens or greencard holders) by requiring the typical FISA warrant in all cases in which they are targeted.
On the face of it, this new loophole might not seem to be such a big problem, barring the facts of a) retroactive telecom immunity and b) the implication that Bush will never be held accountable for numerous felonies. Unfortunately, it also really is, as far as I can tell,
a back door to greatly expanded wiretapping powers. Beyond the obvious fact that it requires only certification and loose judicial review rather than a warrant, it does so in the following way:
read the rest at:
http://www.ketchupandcaviar.com/politics/understanding-recent-changes-to-fisa-a-visual-guide-flowchart/