Pending FISA Amendment
Posted on July 7th, 2008 in Politics and Law, Technology | 1 Comment »
Tomorrow, on July 8th, the Senate will vote on a pending FISA amendment that includes provisions to give telecommunications companies legal protection for their role in the warrantless wiretapping, about which I have previously blogged here.
FISA stands for the Foreign Intelligence Surveillance Act and it was passed in 1978 to address abuses of several Presidents. The goal was to limit the ability of the executive to perform surveillance on anyone they wanted.
The initial reaction to the amendment from technologists and civil liberties advocates has been strong and consistent. Techdirt believes that our congress has failed us. The Technology Liberation Front believes this is bad policy and bad politics. The Center for Democracy and Technology believes that the bill is unclear and should at least be clarified for both national security and civil liberty. Finally, the whistleblower who got the ball rolling on all of this in the first place believes that this bill would create the “infrastructure for a police state.” It is also interesting to look at the politicians who received donations from telecommunications companies and also changed their votes.
There are other reasons to dislike this amendment. Representative Rush Holt’s thoughts are worth reading. Senator Chris Dodd gave an impassioned speech about FISA, which includes this gem, pointed out to me by Tim Lee:
This bill does not say, “Trust the American people; Trust the courts and judges and juries to come to just decisions.” Retroactive immunity sends a message that is crystal clear:
“Trust me.”
And that message comes straight from the mouth of this President. “Trust me.”
The amendment even redefines Weapons of Mass Destruction.
Let’s look back at the original goal of the FISA: to limit the power of the executive to watch anyone they wanted. Now, consider the current bill. It takes the power to determine the need for surveillance out of the hands of an impartial judge and puts that power into the hands of the President. It also provides blanket immunity to those companies that broke the law to allow the President to have this surveillance power over the last several years. Make no mistake about it; it is not a compromise.