SHARE THIS STORY NOW – Congress has just overruled your 1st, 4th and 5th Amendment Rights.


As of today, Bill HR4681 has passed the house and senate, and is currently undergoing arbitration before being sent to the President for his signature in to law. The law says that the intelligence community can collect, retain, and disseminate all electronic communications including voice calls [without any constitutional restrictions] on all US citizens and everyone else in the world.  And they have 5 years before they are supposed to destroy the records.  However, they can keep them indefinitely if they fall into several categories of interest.

It is all out in the open now.  Your 1st, 4th, and 5th Amendment protections are gone.  This act gives new meaning to ‘land of the free, home of the brave.’  The intelligence community isn’t doing anything in secret any more.  Americans are now living in an environment much like the days of the old Stalinist Soviet Union, where the presumption was that all conversations were monitored and one takes measures to have a ‘private’ conversations.

So turn up your radio or turn the water on in the sink and watch what you say on the phone or Facebook, even casual remarks on twitter may come back to haunt you in the future.  Don’t believe me, I have pasted the relivant parts of the bill below this story. Still don’t believe it? Just go to and read it from the horse’s mouth.

What are you willing to do about it?

[Congressional Bills 113th Congress] [From the U.S. Government Printing Office] [H.R. 4681 Enrolled Bill (ENR)]
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One Hundred Thirteenth Congress

of the

United States of America


Subtitle A–General Matters

Sec. 309. Procedures for the retention of incidentally acquired




(a) Definitions.–In this section:

(1) Covered communication.–The term “covered communication”

means any nonpublic telephone or electronic communication acquired

without the consent of a person who is a party to the

communication, including communications in electronic storage.

(2) Head of an element of the intelligence community.–The term

“head of an element of the intelligence community” means, as


(A) the head of an element of the intelligence community;


(B) the head of the department or agency containing such


(3) United states person.–The term “United States person”

has the meaning given that term in section 101 of the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

(b) Procedures for Covered Communications.–

(1) Requirement to adopt.–Not later than 2 years after the

date of the enactment of this Act each head of an element of the

intelligence community shall adopt procedures approved by the

Attorney General for such element that ensure compliance with the

requirements of paragraph (3).

(2) Coordination and approval.–The procedures required by

paragraph (1) shall be–

(A) prepared in coordination with the Director of National

Intelligence; and

(B) approved by the Attorney General prior to issuance.

(3) Procedures.–

(A) Application.–The procedures required by paragraph (1)

shall apply to any intelligence collection activity not

otherwise authorized by court order (including an order or

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certification issued by a court established under subsection

(a) or (b) of section 103 of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or

similar legal process that is reasonably anticipated to result

in the acquisition of a covered communication to or from a

United States person and shall permit the acquisition,

retention, and dissemination of covered communications subject

to the limitation in subparagraph (B).

(B) Limitation on retention.–A covered communication shall

not be retained in excess of 5 years, unless–

(i) the communication has been affirmatively

determined, in whole or in part, to constitute foreign

intelligence or counterintelligence or is necessary to

understand or assess foreign intelligence or


(ii) the communication is reasonably believed to

constitute evidence of a crime and is retained by a law

enforcement agency;

(iii) the communication is enciphered or reasonably

believed to have a secret meaning;

(iv) all parties to the communication are reasonably

believed to be non-United States persons;

(v) retention is necessary to protect against an

imminent threat to human life, in which case both the

nature of the threat and the information to be retained

shall be reported to the congressional intelligence

committees not later than 30 days after the date such

retention is extended under this clause;

(vi) retention is necessary for technical assurance or

compliance purposes, including a court order or discovery

obligation, in which case access to information retained

for technical assurance or compliance purposes shall be

reported to the congressional intelligence committees on an

annual basis; or

(vii) retention for a period in excess of 5 years is

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approved by the head of the element of the intelligence

community responsible for such retention, based on a

determination that retention is necessary to protect the

national security of the United States, in which case the

head of such element shall provide to the congressional

intelligence committees a written certification



(I) the reasons extended retention is necessary to

protect the national security of the United States;

(II) the duration for which the head of the element

is authorizing retention;

(III) the particular information to be retained;


(IV) the measures the element of the intelligence

community is taking to protect the privacy interests of

United States persons or persons located inside the

United States.


About the Author

Richard is a freelance Journalist, who served in the Air Force during the Vietnam War. After his discharge he worked in Law Enforcement and Corrections for several years and was a member of SWAT before earning a degree in Computer Science. He was a consultant to government agencies including DEA, FBI, NRC, DOD and NASA. In the 90's he received a Business Management Degree and became a Consulting Analyst to several Fortune 100 companies. Later he taught G.E.D at Florida State Prison. He is married and has several grandchildren and great grandchildren. You can follow Richard on

30 Comments on "SHARE THIS STORY NOW – Congress has just overruled your 1st, 4th and 5th Amendment Rights."

  1. unlistedxpat | 01/20/2015 at 7:39 PM |

    not real bright are you. Since you are so good with names, like “teabagger” I am assuming that this is from first hand knowledge of the practice.

  2. Johnnie Cromedy | 01/20/2015 at 5:58 PM |

    Reap what you Sow Obama Haters

  3. scrambo | 12/25/2014 at 9:55 AM |

    our breaking point is the same as nazi germany…..good people did nothing and then low and behold we will have our hitler….evil incarnate….

  4. Unfortunately, that does appear to be the case.

  5. artfuldgr | 12/16/2014 at 12:57 PM |

    your old enough to remember how we blamed the german people for their not stopping hitler…

    hows the US doing on the same front?

  6. artfuldgr | 12/16/2014 at 12:46 PM |

    there is a MAJORITY of young who wanted socialism, were part of OWS,
    protested in the streets, and if you look, hold up their hands for
    ferguson, and others… they wear che t shirts, but cant tell you what
    che actually did… look at the photos of the people in the marches,
    at the protests, etc… they are not over 60 baby boomers (thouhg i will
    say that they are greatly responsible for being so lax… however,
    feminist games made sure you could not discipline your kid, impose your
    ideas on them… and certainly could not say to the schools to stop
    teaching what they were teaching!!! when they tried to do so, the
    young called them racists… were violent… and thought that
    protesting for a socialist state would be good…

    now the
    young get what they deserve as they sure did not work hard to stop it,
    and sure abused and name called and disenfranchised the older people who
    tried to wan, say something and voted otherwise…

    ridiculous to vote for big government, and have them take care of you
    and give you school, and all that, then wonder why you have a
    totaltarian state who is claiming to make for equal outcomes, and all

    obama was not the president of the older people… it
    was throngs of young people who loved that he had the INTERNATIONAL
    played at his rallies… it was the older people who were called racists
    for pointing out how much like reifrenstahl it appeared.

  7. Mitch Mitchell | 12/16/2014 at 10:43 AM |

    I think you are right on the money there. Pity the GOP are in his pocket too.

  8. No, Mitch, I don’t think “it’s all him,” but as I mentioned in a comment to Ted, our President is the leader of the pack. That position not only has great power and much privilege, it comes with enormous responsibility to lead well. I don’t believe he has done that.

  9. Mitch Mitchell | 12/15/2014 at 5:23 PM |

    You think that it is all him don’t you? It is your own politicians doing this, and if you think that is wrong, research it. While you are at it, look up who is directing the Nazi’s in Ukraine. Same people.

  10. Happy Tree | 12/14/2014 at 11:29 PM |

    I agree, it looks like it just limits how long communications, that are already being recorded, can be retained.

    The authorization of appropriations by this Act shall not be
    deemed to constitute authority for the conduct of any intelligence
    activity which is not otherwise authorized by the Constitution or
    the laws of the United States.

  11. JFairweather | 12/14/2014 at 7:31 PM |

    I don’t see anything in the above text that states that this can be done without a warrant.
    Perhaps we should find this out before we grab out pitchforks, huh?
    Just because the right wingers are hysterical, this does not mean that the other folks must be hysterical, too.

  12. Brian Hughes | 12/14/2014 at 12:24 PM |


    Didja’ HAPPEN to maybe see the word “INCIDENTALLY” in there, geniuses?

  13. Burl Hosier | 12/14/2014 at 7:01 AM |

    sama excuse they used with the PATRIOT ACT.. its all bullshit, and anyone who believes any of oh they didn’t read it or it was slipped in last min.. obviously drank way to much fluoride….

  14. onwego4k | 12/14/2014 at 5:43 AM |

    this is not laughing matter some still don’t see it or believe it you are part of the problem so glib about it

  15. thi is not laughing matter some still see it believe it

  16. Here is a clipped note from 3 days ago:

    The 47-page intelligence bill was headed toward a voice vote when Amash rose to the House floor to ask for a roll call. Despite his efforts—which included a “Dear Colleague” letter sent to all members of the House urging a no vote—the bill passed 325-100, with 55 Democrats and 45 Republicans opposing.

    Now who did you say voted for it? Huh? What was that? Oh, yeah, people on BOTH sides. (Some had not really looked at the bill in a day or two and plenty of the section 309 was slipped in hours before the vote.)

  17. donttreadonme9 | 12/13/2014 at 9:26 PM |

    welcome to Amerika….

  18. Lisa Shepherd | 12/13/2014 at 3:52 AM |

    Bravo! Well and truly stated!!!! Thank you!

  19. Seidan1 | 12/13/2014 at 2:43 AM |

    Blame Obama all you want but the Teabaggers voted for this!

  20. You’ve just asked the $64K question. When I was a kid trying to push the envelope,.my dad would say to me, “Son, you’re cruisin’ for a bruisin’,” at which time I knew it was either back off or experience the consequences.

    It’s happened elsewhere (Egypt most recently), and it can certainly happen here as well. I don’t know where it is or when it will come, but if our elected “representatives” don’t start doing their job, there will come a breaking point, the dam will burst (or maybe that should be “damn”) and all hell will break loose. The United States appears to becoming less and less united and more and more divided: fertile soil for the seeds of anarchy, chaos, revolution, and destruction.

  21. I agree that Scripture unveils the truth of these last days, but it doesn’t take the KJV to come to grips with it. Any version, read thoughtfully, shines the spotlight on reality from God’s point of view.

  22. Amanda 'Mandy' E. Gardner | 12/13/2014 at 12:37 AM |

    I smell rats! Possibly even the antichrist!

  23. Yeah. His name is Obama.

  24. kibitzer3 | 12/12/2014 at 10:07 PM |

    No presumption of innocence anymore?? We have now, then, officially entered a police-state surveillance system.

    Stasi, here we come. Wait. Didn’t that sort of regime meet an end, when the people in that corral decided to be free? Not cattle??…

  25. Shagustus | 12/12/2014 at 5:27 PM |

    New world order, they are giving authority to the UN, dismantling our nuclear capability, sharing all CIA secrets, bringing Ebola to the USA, bankrupting everything, labeling Christians as radicals, catering to things that “offend” Muslims, ignoring threats by Isis, Russia, Iran, North Korea, China, granting amnesty and welfare, gun running, leaving the border door wide open, attacking free markets, forcing “affordable” government health care, demonizing the police, while promoting thug behavior (because it’s racist not to) in order to prop up their argument that the “federal” police force should be in charge. Smells like Hitler; 1933. Obama promised change. He will put every law abiding citizen up against the wall for a firing squad.

  26. Lisa Shepherd | 12/12/2014 at 4:31 PM |

    Where is Our Breaking Point? At what point do We the People DEMAND that our elected (or in reality, selected NOT elected!) “representatives” uphold their oath of office? Insist that they actually fulfill the parameters of their job description to the best of their abilities?

    Liberty and Freedom…either you have the spine to STEP UP and DEFEND it, to FIGHT for it…or you don’t. Unfortunately, those of us that still value and treasure our freedom and liberty are forced to deal with the illiteracy, lethargy, willfull ignorance and cowardice of the FedGov controlled MSM’s vaunted “majority”.


  27. Time to move to Russia. I think they have more freedom now. LOL

  28. Mike Polzin | 12/12/2014 at 4:16 PM |

    What’s worse is that it’s an invasion from within!

  29. Carl Maquar | 12/12/2014 at 3:47 PM |

    Get ready people Satan is on the lose its all writing in the Holy Bible “KJV” Revelations Chapter 6, Chapter 13 read it its there all you have to do is figure it out allso go to Bro. Darrell Dumas youtube his video “The Great Deception” we are there people, “We Are There”!!

  30. Maxine Weimer | 12/12/2014 at 3:30 PM |

    Well this sounds like a big crock of crap to me. Whatever happened to this country we are living in? It seems to me we are under an invasion certainly of the evil kind….

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