Foreign Intelligence Surveillance Act

Congress is groaning around trying to decide what version of the Foreign Intelligence Surveillance Act to approve and what to do if President George W Bush follows through on a potential veto.  For reason not quite clear, this issue is not front and center in the news media.  I wonder whether it is simply to difficult to cast this issue in terms of a slippery slope and that Americans should be leery of giving their Government (especially the executive branch) too much power.

There seems to be general agreement that in these days of computers, the internet, and cell phones, that the Government needs a lot of flexibility.  It is felt necessary in responding quickly to suspected threats and the Government may even need the ability to “fish” or “troll” the airwaves on the look out for terrorist communications.  Clearly in doing so it is probable that some communications between or with innocent Americans may be intercepted.  What is wrong with that?

The 4th Amendment rights to privacy are very important guarantees that we should want to guard against erosion.  Having said that, there is no reason that the Government could not have the tools necessary if the process is approved by another branch and the information is kept private.  All that is necessary, in my opinion, is the following:

1. The Government needs to assert that it is seeking “foreign intelligence” whether the source is in the US or outside calling in.

2. Any information gathered can only be used in connection with acts of terrorism or related crimes against the security of the US.  For example, tax evation or even domestic crimes including murder are outside the scope of this act and no information gathered can be used against those crimes.

3. All spying on Americans must get a FISA Court acknowledgement within 30 days.  If the spying is viewed necessary to be undertaken for a longer period, the FISA Court must approve a designated amount of time.

4. All information gathered by this type of spying on Americans, not specifically the target, must be destroyed within 12 months.

Interestingly the great debate is largely about granting immunity to the telecommunications firms that “allegedly” help the Government do this NSA spying.  The Government wants the granting of immunity even though most members of Congress do not know what actually happened (due to security clearances).  Senator Arlen Specter has offered an amendment that would grant immunity and substitute the US Government or US senior officials as the defendents in place of corporations should suits occur.  Although this amendment is unlikely to pass, it is a novel way to acknowledge that the Government can not tell corporations that their request is lawful and then not share responsibility if it is not.

Again we are seeing a debate around the “ends justify the means” mentality of a power hungry executive branch.  The Bush team does not acknowledge mistakes or admit failure.  It prefers to revisit why it did what ever it did and simply say the “ends” were in America’s best interest.

Explore posts in the same categories: 2008 Election, Barack Obama, Democratic Party, George Bush, John McCain, Politics, Republican Party

Tags: domestic spying, foreign intelligence surreillance act, NSA

You can comment below, or link to this permanent URL from your own site.