US electronic spy pbill
p2pnet.net News:- The Cheny / Bush administration now has even more power to spy on US citizens without a warrant under the guise of battling terrorism, say US civil rights oranizations.
The Electronic Surveillance Modernization Act passed late Thursday by a 232 to 191 vote and it, “would both ratify and expand to an unprecedented level the government’s authority to wiretap Americans without a warrant,” say its opponents.
But House Speaker Dennis Hastert has a different view, declaring, “Congress has provided a way for our intelligence programs to legally monitor and track terrorist phone calls and communications so we can prevent further terrorist attacks,” states CNET News.
“Under the House’s bill, the president would have the authority to authorize electronic surveillance without a court order for up to one year, if it is directed at the communications of foreign powers or their agents,” says the story,
“The attorney general would have to certify that the ’significant purpose’ of the spying is to gather foreign intelligence information, but would not be required to specify ‘the specific facilities, places, premises, or property’ where such an operation would occur, according to the bill.”
The American Civil Liberties Union, Center for American Progress, Center for Democracy & Technology, Center for National Security Studies, Electronic Frontier Foundation and Open Society Policy Center have all attacked the bill.
In a letter to the House Permanent Select Committee on Intelligence and House Judiciary Committee, they say:
We are organizations committed to ensuring the protection of our nation`s security in a manner consistent with the Bill of Rights and the rule of law. We write to express our opposition to the substitute to H.R. 5825, the Electronic Surveillance Modernization Act, which the House is expected to vote on today.
Proponents and some press accounts have mischaracterized this bill as providing judicial review of the President’s program and as “modernizing” the Foreign Intelligence Surveillance Act. In fact, this bill would prevent meaningful judicial review of the President’s program and would both ratify and expand to an unprecedented level the government’s authority to wiretap Americans without a warrant.
By defining large categories of electronic surveillance as not being electronic surveillance covered by FISA, the bill would permit the National Security Agency to turn its vacuum cleaners on American citizens and create a vast database of information, which the government could data mine at will, outside any judicial or congressional oversight, in a fashion reminiscent of the Total Information Awareness program.
The bill also could immunize from liability any communications service provider who gave the government access to private communications from 9/11 until 60 days after the enactment of the bill. This provision could result in the dismissal of pending cases challenging the surveillance program.
The bill would also authorize warrantless surveillance for indefinitely and secretly crenewable periods of 90 days after a terrorist attack on the United States or when the President determines that there is an imminent threat of attack likely to cause death, serious injury, or substantial economic damage. These terms are not defined and are subject to broad interpretation, creating a dangerous and unpredictable expansion of the President`s power to wiretap without a warrant. What`s more, these provisions are not necessary. The President already has the authority under existing law to begin surveillance in an emergency (such as the imminent threat of sabotage) before obtaining an order from the FISA court.
None of these changes is necessary to meet the terrorist threat. In fact, after making multiple amendments to FISA since 9/11, the government has all the authority it needs to intercept terrorist communications in a timely and expeditious way without violating the fundamental rights of Americans.
Moreover, the bill does not improve national security. In fact, it actually makes the job of intelligence officials much harder. As a large group of former national security officials, including former directors of the FBI and CIA, stated this week, this bill would leave intelligence officials to operate in a constitutional twilight zone, thereby actually interfering with national security goals.
“If this bill is adopted,” Lisa Graves, CNET has ACLU Senior Counsel for Legislative Strategy, sayung in a statement.
“Congress would be authorizing more warrantless surveillance of Americans than ever before.”
The bill still needs Senate to become law.
Also See:
CNET News – House votes to expand electronic spying powers, September 29, 2006
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October 5th, 2006 at 4:45 pm
Will Bush use this to clean up the remaining Mark Foleys out of congress? Or just against Muslims, Blacks and Latinos?