FISA & Civil Liberties

This is a great piece by Glen Greenwald at Salon.com

" Ultimately, what is most significant about all of this is how the most consequential steps our government takes -- such as endless expansion of its domestic spying programs with literally no oversight and constraints of law -- occur with virtually no public debate or awareness. By contrast, the pettiest of matters -- every sneeze of a campaign aide and every trite, catty gossip item from our moronic travelling press corps -- receives endless, mindless herd-like attention.

The very nature of our country and our government fundamentally transforms step by step, with little opposition. We all were inculcated with the notion that what distinguished our free country from those horrendous authoritarian tyrannies, both right and left, of the Soviet bloc, Latin America and the Middle East were things like executive detentions, torture, secret prisons, spying on their own citizens, unprovoked invasions of sovereign countries, and exemptions from the law for the most powerful -- precisely the abuses which increasingly characterize our government and shape our political values."

I'm really glad Senator Dodd is on the case- a filibuster....ooohh! Yes. We need more "Mr.Smith's" in Washington. Just when I'm wondering what will Obama do.. I check my email and here's the reply to my EFF-prompted email the other day.



Dear L___:

Thank you for contacting me concerning the President’s domestic surveillance program. I appreciate hearing from you.Providing any president with the flexibility necessary to fight terrorism without compromising our constitutional rights can be a delicate balance. I agree that technological advances and changes in the nature of the threat we face may require that the Foreign Intelligence Surveillance Act (FISA), enacted in 1978, be updated to reflect the reality of the post 9/11 world. But that does not absolve the President of the responsibility to fully brief Congress on the new security challenge and to work cooperatively with Congress to address it.

As you know, Congress has been considering the issue of domestic surveillance since the last Congress. The debate is still ongoing, but the shift in party control on Capitol Hill has clearly had an impact on this critical discussion over the balance of power in our system of government. On January 17, 2007, after conducting its wiretapping program without court approval for over 5 years, the Justice Department announced that the Foreign Intelligence Surveillance Act (FISA) court had approved its program to listen to communications between people in the U.S. and other countries if there is probable cause to believe one or the other is involved in terrorism. Then, in early February, the Justice Department announced that it will give the Intelligence and Judiciary Committees of both chambers of Congress access to previously withheld documents on the NSA program. The congressional committees with jurisdiction over this issue hailed the agreement as a step in the right direction.

However, there is still significant work to be done. Just before the August recess, Congress passed hastily crafted legislation to expand the authority of Attorney General and the director of National Intelligence to conduct surveillance of suspected foreign terrorists without a warrant or real oversight, even if the targets are communicating with someone in the United States. This legislation was signed into law by the President on August 5, 2007, and expires after six months.

Congress is working on reforms to the FISA bill to be enacted before the expiration of the current legislation. On November 15, 2007, the House of Representatives passed H.R. 3773, the “Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007” (RESTORE Act) by a vote of 227-189. The House bill does not provide retroactive immunity for private companies that may have participated in the illegal collection of personal information, nor does it provide immunity for administration officials who may have acted illegally. The Senate committees on Intelligence and the Judiciary have since approved proposals with their own reforms to FISA. The debate over retroactive immunity is still ongoing, and I will support a filibuster should legislation that includes such a provision come to the Senate floor.

The American people understand that new threats require flexible responses to keep them safe, and that our intelligence gathering capability needs to be improved. What they do not want is for the President or the Congress to use these imperatives as a pretext for promoting policies that not only go further than necessary to meet a real threat, but also violate some of the most basic tenets of our democracy. Like most members of Congress, I continue to believe the essential objective of conducting effective domestic surveillance in the war on terror can be achieved without discarding our constitutionally protected civil liberties. I look forward to working with my colleagues in Congress, and with the President, to meet this uniquely American challenge.

Thank you again for writing. Please stay in touch as this debate continues.

Sincerely,
Barack Obama
United States Senator