Thursday, August 02, 2007

Because sometimes, a secret court just isn't good enough

So as the debate over FISA reform heats up, the administration actully has the audacity to ask for revisions that would allow the AG to approve wiretaps without review by the FISA court.

From the Wapo:
On Friday, Director of National Intelligence Mike McConnell submitted a proposal to Congress that asked for the authority to intercept without a court order any international phone call or e-mail between a surveillance target outside the United States and any person in the United States.

Yesterday, the administration updated its proposal by saying that the attorney general and the director of national intelligence could authorize such surveillance and that the guidelines on what constitutes an overseas target be subject to some court review. But the surveillance could begin before the court review and the oversight would be limited.


And the democrats, as I posted yesterday are bending over backwards to get something, anything passed. So long as Gonzales is not given sole discretion:

The proposal, according to House and Senate Democrats, would permit a secret court to issue broad orders approving eavesdropping of communications involving suspects overseas and other people, who may be in the United States. To issue an order, the court would not need to identify a particular target overseas, but it would have to determine that those being targeted are "likely," in fact, overseas.

If a foreign target's communications to a person inside the United States reaches a "significant" number, then an court order based on probable cause would be required. It is unclear how "significant" would be defined.

Under a sunset provision, the authority would have to be revisited in six months.

[snip]
The Democrats' proposal also would compel compliance by private companies.

It would also affirm that no court order is needed to eavesdrop on communications that begin and end outside the United States, even if routed through the United States.


Feingold seems to be the only dissenter on this via Daily Kos and his website:

Statement of U.S. Senator Russ Feingold
On the Proposed FISA Legislation

August 1, 2007

“We need to wiretap terrorists, and we should address the problem that has been identified with FISA with respect to foreign-to-foreign communications. But the administration’s overly broad proposal goes far beyond that and would leave critical decisions related to surveillance involving Americans entirely up to the Attorney General. The proposal from the Democratic leadership is better and involves FISA court review from the start. But it does not have adequate safeguards to protect Americans’ privacy. The bill should also include a 90-day sunset to ensure Congress has the chance to identify and fix any problems with this new proposal.”

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