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NSA Bill Performs a Patriot Act
By Ryan Singel| Also by this reporter
15:30 PM Sep, 13, 2006
A bill radically redefining and expanding the government's ability to eavesdrop and search the houses of U.S. citizens without court approval passed a key Senate committee Wednesday, and may be voted on by the full Senate as early as next week.
By a 10-8 vote, the Senate Judiciary Committee approved SB2453, the National Security Surveillance Act (.pdf), which was co-written by committee's chairman Sen. Arlen Specter (R-Pennsylvania) in concert with the White House.
The committee also passed two other surveillance measures, including one from Sen. Dianne Feinstein (D-California), one of the few senators to be briefed on the National Security Agency program. Feinstein's bill, which Specter co-sponsored before submitting another bill, rebuffs the administration's legal arguments and all but declares the warrantless wiretapping illegal.
In contrast, Specter's bill concedes the government's right to wiretap Americans without warrants, and allows the U.S. Attorney General to authorize, on his own, dragnet surveillance of Americans so long as the stated purpose of the surveillance is to monitor suspected terrorists or spies.
Lisa Graves, senior legislative counsel for the American Civil Liberties Union, called the bill "stunning."
"The administration has taken their illegal conduct in wiretapping Americans without court orders, in violation of the Foreign Intelligence Surveillance Act and the Constitution, and used it as springboard to not only get FISA changed to allow the Terrorist Surveillance Program, but to actually, going forward, not give protections to Americans' privacy rights," Graves said.
Jim Dempsey, the policy director for the more moderate Center for Democracy and Technology, described the bill's passage out of committee as "light years or miles beyond the Patriot Act."
"What started out as Sen. Specter wanting to rein in the president's program has turned on its head and is now not just a legislative ratification of the program, but an expansion of warrantless wiretapping of Americans," Dempsey said. "It would allow the NSA to turn its vacuum cleaners on even domestic phone calls and e-mails of citizens.
"They do all of this in Alice in Wonderland fashion by defining all kinds of categories of surveillance to be not surveillance," said Dempsey.
Specter, who called NSA's warrantless surveillance a "festering sore on our body politic," champions his bill, since it allows, but does nor require, the administration to submit the whole surveillance program to review by a secretive court. Specter says President Bush promised to submit the NSA program to the court, if the bill passes.
The bill also strikes from U.S. law a requirement that all surveillance of suspected spies and terrorists be done in accordance with FISA. But an aide for Specter disputes that this radically changes FISA or the balance of powers: Specter considers this to be an update to FISA that moves the law toward where technology is now, according to the aide, who spoke on background...
full article
By Ryan Singel| Also by this reporter
15:30 PM Sep, 13, 2006
A bill radically redefining and expanding the government's ability to eavesdrop and search the houses of U.S. citizens without court approval passed a key Senate committee Wednesday, and may be voted on by the full Senate as early as next week.
By a 10-8 vote, the Senate Judiciary Committee approved SB2453, the National Security Surveillance Act (.pdf), which was co-written by committee's chairman Sen. Arlen Specter (R-Pennsylvania) in concert with the White House.
The committee also passed two other surveillance measures, including one from Sen. Dianne Feinstein (D-California), one of the few senators to be briefed on the National Security Agency program. Feinstein's bill, which Specter co-sponsored before submitting another bill, rebuffs the administration's legal arguments and all but declares the warrantless wiretapping illegal.
In contrast, Specter's bill concedes the government's right to wiretap Americans without warrants, and allows the U.S. Attorney General to authorize, on his own, dragnet surveillance of Americans so long as the stated purpose of the surveillance is to monitor suspected terrorists or spies.
Lisa Graves, senior legislative counsel for the American Civil Liberties Union, called the bill "stunning."
"The administration has taken their illegal conduct in wiretapping Americans without court orders, in violation of the Foreign Intelligence Surveillance Act and the Constitution, and used it as springboard to not only get FISA changed to allow the Terrorist Surveillance Program, but to actually, going forward, not give protections to Americans' privacy rights," Graves said.
Jim Dempsey, the policy director for the more moderate Center for Democracy and Technology, described the bill's passage out of committee as "light years or miles beyond the Patriot Act."
"What started out as Sen. Specter wanting to rein in the president's program has turned on its head and is now not just a legislative ratification of the program, but an expansion of warrantless wiretapping of Americans," Dempsey said. "It would allow the NSA to turn its vacuum cleaners on even domestic phone calls and e-mails of citizens.
"They do all of this in Alice in Wonderland fashion by defining all kinds of categories of surveillance to be not surveillance," said Dempsey.
Specter, who called NSA's warrantless surveillance a "festering sore on our body politic," champions his bill, since it allows, but does nor require, the administration to submit the whole surveillance program to review by a secretive court. Specter says President Bush promised to submit the NSA program to the court, if the bill passes.
The bill also strikes from U.S. law a requirement that all surveillance of suspected spies and terrorists be done in accordance with FISA. But an aide for Specter disputes that this radically changes FISA or the balance of powers: Specter considers this to be an update to FISA that moves the law toward where technology is now, according to the aide, who spoke on background...
full article
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