Congress Reworks Electronic Surveillance Laws

The Senate is considering amendments that could re-regulate our government's ability to listen in – and with elections coming up, our legislators are likely to listen up.

At the heart of the surveillance debate is the bigger discussion about how to safeguard the nation without eroding our political system's checks and balances.

Many believe that Bush's wiretapping program violates the 1978 Foreign Intelligence Surveillance Act (FISA), which was created in the wake of surveillance abuses during the cold war and Vietnam War. The law requires the National Security Agency and the Federal Bureau of Investigation to get a warrant from a special court before placing an electronic wiretap.

The proceedings of this court, called a FISA court, are not available to the public for security reasons. Although the court rarely denies a warrant, Congress passed the law to ensure that a second branch of government was there to check executive power and prevent wiretapping abuses.

No matter how you feel about the National Security Agency's electronic surveillance program, now's your chance to weigh in with your representatives.

Amendments in the Senate

One proposed amendment would give the FISA court power to review how well the executive branch has complied with steps the government takes to diminish the amount of sensitive information it collects about U.S. citizens. This process is called “minimization.� The amendment was proposed by Democrat Sheldon Whitehouse of Rhode Island.

Other Democrats disagree that more supervision is needed. Christopher S. Bond of Missouri Bond, who is vice chairman of the Intelligence Committee, believes there is plenty of oversight without getting the FISA court involved. Mr. Bond points out that supervisors, inspectors general, and Department of Justice lawyers already oversee intelligence programs, not to mention the Intelligence Committee itself.

A second amendment in line for an early vote would sunset the bill in four years instead of six, as currently written. This amendment was introduced by Benjamin L. Cardin, D-Maryland.

Also on tap is an amendment that would require the federal government to treat information collected on communications between a foreign target and a person in the United States differently than other intelligence data. This information would be collected in a separate database, where it could then be analyzed to determine whether it involves terrorism at all. If not, the executive branch would be required to notify the FISA court. Although that amendment introduced by Democrats Russ Feingold of Wisconsin, and Jim Webb of Virginia, will need only a simple majority for adoption, it is not expected to prevail.

House and Senate differences

The bill's most contentious amendments confronting the Senate relate to the handling of lawsuits against telecommunications carriers that may have cooperated with the Bush administration's warrantless surveillance program.

The House bill does not grant retroactive immunity to these companies, but the Senate Intelligence Committee approved a version that does provide immunity. The House and Senate are likely to have trouble reconciling this final provision. The current electronic surveillance law expires February 16, so legislators will have to hustle to complete the legislation.

Many of these amendments face an uphill battle, so make sure to let your Senators know if you support one or more of them.

Tell your representatives what you think!

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