Update on a previous post about FISA :
Received an email form letter today from my "other" IL senator, Dick Durbin :
Dear Ms. Z____:
Thank you for contacting me about amendments to the Foreign Intelligence Surveillance Act (FISA) and the Protect America Act. I appreciate hearing from you and share your concerns.
President Bush authorized the National Security Agency (NSA) to conduct warrantless electronic surveillance of communications made by American citizens living within the United States. At the time of the President's authorization, FISA required the government to seek a warrant from a special court in order to conduct electronic surveillance of communications between American citizens and anyone outside the country. The NSA did not obtain approval from the FISA court or from any other court before initiating its domestic surveillance program.
In August 2007, the Administration proposed amending FISA with a bill known as the Protect America Act. I believed the bill provided too much opportunity for excessive intrusion and potential abuse by the NSA and other intelligence officials. I voted against the measure, as did Judiciary Committee Chairman Patrick Leahy of Vermont and Intelligence Committee Chairman Jay Rockefeller of West Virginia. Nonetheless, Congress passed the bill and the President signed it into law.
The Protect America Act expires in February 2008, and Congress is now considering legislation that would amend FISA and provide relief to the telecommunications companies that allegedly participated in the NSA program.
I oppose retroactive immunity for these companies. Under current law, telecommunications companies already receive absolute immunity for assisting the government with lawful surveillance. Retroactive immunity would only aid companies that have assisted with unlawful surveillance. During the Senate Judiciary Committee's consideration of the legislation, I opposed an amendment that would have provided these companies with retroactive immunity. This amendment ultimately was rejected by the committee. I supported an amendment adopted by the committee that would prevent reverse targeting of Americans inside the United States without a warrant. The committee's version of the bill and a competing version are now being debated by the full Senate.
I am deeply concerned about the manner in which the Executive Branch has initiated and conducted the NSA surveillance programs. I continue to believe that companies that participated in unlawful surveillance should not receive retroactive immunity. When the President and his Administration order actions such as the surveillance of American citizens, these actions must be conducted in a manner consistent with the rule of law and the Constitution's commitment to civil liberties.
I also will continue to support measures that shed light on any illegal actions that were taken in furtherance of the NSA program. We must work to ensure that government surveillance of American citizens is conducted in a manner consistent with the Constitution, the rule of law, and our security needs.
Thank you again for sharing your views on this issue with me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
RJD/tf
P.S. If you are ever visiting Washington, please feel free to join Senator Obama and me at our weekly constituent coffee. When the Senate is in session, we provide coffee and donuts every Thursday at 8:30 a.m. as we hear what is on the minds of Illinoisans and respond to your questions. We would welcome your participation. Please call my D.C. office for more details.
Thank you for contacting me about amendments to the Foreign Intelligence Surveillance Act (FISA) and the Protect America Act. I appreciate hearing from you and share your concerns.
President Bush authorized the National Security Agency (NSA) to conduct warrantless electronic surveillance of communications made by American citizens living within the United States. At the time of the President's authorization, FISA required the government to seek a warrant from a special court in order to conduct electronic surveillance of communications between American citizens and anyone outside the country. The NSA did not obtain approval from the FISA court or from any other court before initiating its domestic surveillance program.
In August 2007, the Administration proposed amending FISA with a bill known as the Protect America Act. I believed the bill provided too much opportunity for excessive intrusion and potential abuse by the NSA and other intelligence officials. I voted against the measure, as did Judiciary Committee Chairman Patrick Leahy of Vermont and Intelligence Committee Chairman Jay Rockefeller of West Virginia. Nonetheless, Congress passed the bill and the President signed it into law.
The Protect America Act expires in February 2008, and Congress is now considering legislation that would amend FISA and provide relief to the telecommunications companies that allegedly participated in the NSA program.
I oppose retroactive immunity for these companies. Under current law, telecommunications companies already receive absolute immunity for assisting the government with lawful surveillance. Retroactive immunity would only aid companies that have assisted with unlawful surveillance. During the Senate Judiciary Committee's consideration of the legislation, I opposed an amendment that would have provided these companies with retroactive immunity. This amendment ultimately was rejected by the committee. I supported an amendment adopted by the committee that would prevent reverse targeting of Americans inside the United States without a warrant. The committee's version of the bill and a competing version are now being debated by the full Senate.
I am deeply concerned about the manner in which the Executive Branch has initiated and conducted the NSA surveillance programs. I continue to believe that companies that participated in unlawful surveillance should not receive retroactive immunity. When the President and his Administration order actions such as the surveillance of American citizens, these actions must be conducted in a manner consistent with the rule of law and the Constitution's commitment to civil liberties.
I also will continue to support measures that shed light on any illegal actions that were taken in furtherance of the NSA program. We must work to ensure that government surveillance of American citizens is conducted in a manner consistent with the Constitution, the rule of law, and our security needs.
Thank you again for sharing your views on this issue with me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
RJD/tf
P.S. If you are ever visiting Washington, please feel free to join Senator Obama and me at our weekly constituent coffee. When the Senate is in session, we provide coffee and donuts every Thursday at 8:30 a.m. as we hear what is on the minds of Illinoisans and respond to your questions. We would welcome your participation. Please call my D.C. office for more details.
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