They can’t even stand up to one of the most unpopular presidents in our nation’s history.
Many people called for FISA to be updated after Bush’s NSA wiretapping scandal broke. They said that the 1978 law did not give modern law enforcement officials adequate ability to combat terrorism. Last night, the Senate gave up on its own version of a bill that updated FISA. Their bill required that law enforcement officials get their wiretap approved within 10 days of starting it (the 1978 bill requires approval within 3 days). President Bush threatened to veto and typically, the Democratically-controlled Senate caved. So they passed the President’s version of the bill which gives officials six months of unsupervised eavesdropping before court approval and oversight is necessary.
Six months?
Why, in this modern age where information flows infinitely faster, should it take 60 times longer than it did in 1978 for law enforcement eavesdroppers to show a court that they have “probable cause” for their eavesdropping? I have absolutely no problem with the government spying on suspected terrorists. I think that should be a priority, given the threat of terrorism. But we absolutely need judicial oversight so that the executive branch must prove that it is eavesdropping and spying with good reason.
Now it is up to the supposedly Democratic House to decide on this bill’s future. If anything, 72 hours is unnecessarily long. Now that we have the internet, cell phones, and other technology that moves information at the speed of light, there is no reason why we should pass this kind of extension to the 1978 FISA law.
David M. Manes
Chris McNeal
S.C. Denney
Heather McIntosh
Becca Burley
Guest
6 comments
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August 5, 2007 at 3:55 am
Kristen B.
here here.
August 7, 2007 at 2:08 am
Brett
On one level you’re right–this Congress is relatively weak, but I think it’s a reflection of the composition of the body instead of the resolve of the Senators and Members. The bill is also temporary, which is key. The word around here is that there will be a showdown after the recess, because these provisions will run out in 6 months anyway. I think the Dems will end up caving in in the end (lacking the 60 votes they need to triumph unequivocably) but the final bill will be softened somewhat. It’s not really the Democrats in Congress who lack spine–I think most of them would oppose this bill if it were passable with Dems alone. What’s really lacking is Republicans with spine enough to stand up to a President from their own party. Aren’t the Republicans supposed to be afraid of Big Government??
August 7, 2007 at 2:12 am
David M Manes
Actually, I kind of think that they don’t need 60 votes. I don’t think they need any. I don’t think that FISA needs to be updated. Why would they need more than 72 hours to notify the courts?
August 7, 2007 at 3:19 pm
David M Manes
Maybe there is a compelling reason to update FISA and give this president even more legal power. I just haven’t heard it yet. All I’ve heard in favor of updating FISA comes from Bush in the form of rhetoric like “tools to fight terrorism” and “protect the American people.” I haven’t heard any good reason why he and his executive branch need more than 72 hours to begin judicial oversight after a wiretap has begun.
August 8, 2007 at 4:25 pm
blackpearlxy
Its the old play book I am afraid, only this dictator is the butt of the joke.
A tragic bombing; a convenient “bogey man”; that they can’t catch- unlike the first bombing in 93- for which those responsible have been imprisioned on life-time sentences; then trick the people to give up their civil liberties; then create the legislation to set the leader as a dictator – only in this case, this leader is to much of a want to be and the whole world would be laughing, if it weren’t so sickening. Be sure to go to: zeitgeist.com and America: Freedom to Fashism.
August 9, 2007 at 8:10 pm
Globalizati
david,
My understanding is that the reason “do nothing to change the status quo” wasn’t on the radar screen for either party was due to a recent judicial ruling that calls from one foreigner to another could not be intercepted without a warrant (even if no American was involved) if the communications were routed through the United States. So both parties wanted to close that “loophole” to continue to allow warrantless surveillance of non-Americans. The problem is that the Democrats didn’t come up with an alternative til too late in the process, so several of them ended up voting to approve the (overstepping though temporary) Bush/Republican measure to close the loophole.