Senate Reauthorizes FISA, a Top DOJ Priority

The Senate voted Friday to reauthorize the Foreign Intelligence Surveillance Act, after rejecting amendments that would have required more disclosure of how the warrantless wiretapping program is used.

The Senate adopted the House-passed version of the reauthorization by a 73-23 vote. It was the top legislative priority of the U.S. Department of Justice as a tool for collecting foreign intelligence, but drew criticism from privacy groups such as the American Civil Liberties Union.

During debate on the bill Thursday, senators had rejected an amendment from Senator Rand Paul (R-Ky.) that would have boosted Fourth Amendment protections for Americans by requiring specific warrants for electronic surveillance to be granted through FISA court, a secret court that oversees the DOJ's actions.

The Senate also rejected an amendment from Senator Jeff Merkley (D- Ore.), which would have required the U.S. attorney general to disclose each decision, order, or opinion of the FISA court that included a significant legal interpretation of Section 501 or 702 of FISA (and did not threaten national security).

The FISA program was expanded during the Bush administration in 2008 to include the interception of digital communications. The law is set to expire in 2013.

Comments

[kay sieverding]

DOJ scares the hell out of me. I don't have a criminal record.
There was no "oath or affirmation" but without it DOJ detained me three times for 5 months. I was not criminally charged, did not have an arraignment, did not have a bail hearing, and was not allowed an evidentiary hearing. I was told in Federal Court that I didn't have a right to an attorney. The witnesses against me weren't sworn and I was not allowed to cross examine them. DOJ already filed in Federal Court see D of Columbia 09-0562 document 8-1 that it imprisoned me on purpose.

[GottaLikeToPlay]

This is a tragedy on the level with America’s unwillingness to reign in Gun Ownership – a Government that has become even more incompetent, blind and yes, I dare say dishonest.
In the scope of just Prosecutorial Misconduct at the DOJ – a person needs only to search for that term to see that there are far too many examples of dishonest, illegally manipulative and extortionist acts by the DOJ staffers across the boards (US Marshals excepted). Hell, read the Schulke report on the late Sen Ted Stevens for a good foundational understanding of what happens daily in American proceedings – FISA is a system without any oversight and the DOJ runs like a wolf in a chicken coop. The wolf telling the farmer, “go to town, it’ll all be ok – trust me…..”

The Merkeley amendment needs to be re-positioned and put back on the table – NOW. America should treat this as important as the Fiscal Cliff for its long-term effect on us.

[Avon]

If FISA originally provided a mechanism for secret warrants for good old-fashioned searches and wiretaps, but later expanded its mission to "include the interception of digital communications," then shouldn't we require warrants for the digital surveillance and other high-tech searches?

Yes, I know the Bush Administration wouldn't and didn't propose such a logical, fair protection for America's civil liberties. But that's no reason we shouldn't propose and enact it now. The failure of the Paul amendment saddens and worries me.

I also see no harm in America knowing how such an important federal statute is being interpreted, especially if the disclosure of interpretive opinions would only apply to cases involving no threat to national security. That's even more appropriate now that FISA applies to new and future electronic technologies. The failure of the Merkeley amendment disappoints and scares me.

If we're going to give up personal privacy and governmental transparency to get more law enforcement and national security, it's just plain bad civics to opt for ignorance of what we're losing and why.

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I'm feeling safer and more protected every day!
Thanks big government!