RSSHouse passes FISA amendments without telecom immunity
By Scott M. Fulton, III | Published November 16, 2007, 5:41 PM
By a vote of 227-189, the US House of Representatives yesterday passed its version of the RESTORE Act, in an attempt to strengthen foreign intelligence surveillance restrictions while preserving individuals' rights, including the right to sue.
H.R. 3773 seeks to amend the Foreign Intelligence Surveillance Act (FISA), with the principal aim being to prevent the Justice Dept., the CIA, or any other intelligence-gathering source from obtaining communications from "non-United States persons" without a warrant from an exclusive FISA court.
The House's final draft of the Act was without the clause that President Bush repeatedly and publicly stated would be required in order for him to sign it into law: the provision that grants telecommunications companies immunity from prosecution for having cooperated with the government in surveillance activities that the bill may now deem unlawful.
"Most significantly, the bill does not provide immunity to telecommunications companies that participated in the President's warrantless surveillance program," House Speaker Nancy Pelosi (D - Calif.) stated on the House floor yesterday, just prior to the final vote. "We cannot even consider providing immunity unless we know exactly what we are providing immunity from, and even then, we have to proceed with great caution."
Meanwhile, the Senate Judiciary Committee pushed forward its version of the same language by a 12-7 vote, but only after removing the immunity clause that had previously been inserted and approved by the Intelligence Committee. Judiciary Committee Chairman Patrick Leahy (D - Vt.) stated that it will now be up to the full Senate to debate the matter of telecom immunity.
The immunity matter has been detracting from the key provision of the bill: that neither the Attorney General nor the Director of National Intelligence (representing the CIA and all other intelligence gathering branches of the government) may acquire the content communications between "non-United States persons" outside the US without an emergency authorization, which may then be extended for a one-year period through a court order. Amendments added by the House make the FISA law the exclusive channel through which these executive officials may act.
"The legislation also makes clear the principle of exclusivity," Speaker Pelosi stated yesterday, "that determines the collection of intelligence. It makes clear that FISA is the exclusive means for conducting electronic surveillance to gather foreign intelligence. The government must seek approval from a FISA court. So we're talking about the Congress of the United States passing legislation, as it did in the late '70s...in light of the new technologies and new realities in the world, and recognizing the authority of the third branch of government: the courts."
The White House issued a statement following the House vote, characterizing its action as an attempt to remove terrorism-fighting tools from its grasp.
"This evening House Democrats passed legislation that would dangerously weaken our ability to protect the nation from foreign threats," White House spokesperson Dana Perino stated. "The House Democrats' bill...fails to give our intelligence community the tools it needs, and it fails to protect companies facing massive lawsuits for allegedly stepping up and answering the nation's call for help after the 9/11 terrorist attacks. If this bill is presented to the President in its current form, the Director of National Intelligence and the President's other senior advisers will recommend that he veto it."
Such a recommendation would also be made, Perino added, if the Senate's post-Judiciary version of the bill also passes.
With some Senate Democrats, including Jay Rockefeller (D - W.V.) supporting the immunity clause, the post-Judiciary version of the bill may face a tough floor battle. But that battle may have to wait until after the Thanksgiving break, and then find an open slot during the brief but jam-packed early December session, prior to the holidays.
Even then, perhaps despite the outcome of the immunity debate, the President may still be waiting to add just one letter: X.
"...dangerously weaken our ability to protect the nation from foreign threats,"
Can you say Fearmongering. Lets all just give in to our fear and ignore the constitution. That sort of unconsionable rhetoric coming from the executive branch goes far to show just how low they have fallen. GW Bush has failed to uphold his oath of office to protect the constitution of the United States. He has done more to hurt this country than all of the terrorists ever born...and all he had to do was spy on his own citizens...then tell them to like it because after all he is protecting them from the big bad terrorists, and if we don't like losing our liberties, then we must be in support of terrorism.
Too bad GWBush is immune to lawsuits...how convenient that. Would have been nice to see him hit where it hurts...his wallet.
Score: 0
|Want some easy proof that the immunity would be abused? In the pending lawsuit(s) against the wire taping/invasion of privacy of US citizens, the government invoked the government secrecy laws and effectively had the lawsuits shut down. They actually had the evidence that was in the hands of the suing parties excluded! This was not a case of stopping someone from going on a fishing expedition by asking a lot of questions that would expose government programs to risk. It was rather a case where the suing party had the evidence in writing to prove its case against the government, in its possession, and is now bared by law from presenting its evidence. WHY...
Apparently the government still believes in privacy but only for its own actions. Otherwise there might be some oh I don't know, what's the word??? Accountability!!!
Under the current laws all the govt have to do is say that it is a matter of "national security" and can literally get away with murder, sorry I mean torture, oh no I mean what ever the govt wants it to mean since they are no longer accountable to the people, so just sit back and trust that your government always has your best interest at heart... Ignor the man looking through you underwear drawer/trash/email/video rental records etc... "he is there to protect you" your not qualified to know any more than that! Ron Paul is right our government is devolving from a republic where the government was responsible to the people, into something far darker and no one really seens to care. Our childern will reap what we now sow.
Score: 0
|Too right...
Only thing we can do right now is vote and be as active as we can in the political process.
Also have as many kids as possible and teach them at home or private school where they can be raised to think for themselves instead of following the herd mentalitiy that they teach in the state-run schools.
I only have 5 so far, but I know many families that have 7 or more children and these kids are amazing. They are graduating at 14-16 and most have some kind of college degree by the time they are 18. This is not becuase their parents were geniuses, but because they are getting a better education that challenges them to think for themselves and achieve for themselves. I have even hired some to work for me at times and they have a different work ethic than most Americans. They expect to have to work for what they get instead of seeking handouts. Most of these families are libertarian in their politics and conservative in their ethics. They are getting involved in their communities and in politics and over the next couple decades will really shake things up.
I have read online debates between a 17 year old homeschooler and a 37 year old opinionated adult. It was interesting to see the teen out-debate his opponent using logic and reason, instead of rhetoric and repitition...all while keeping civil and cool-headed. Of course this is simply anectdotal and not at all conslusive, but it fits into every thing else I have seen from them.
Sorry to go OT, but there is hope for our country if this younger generation continues to become the leaders that they can be.
Score: 0
|Remember the last 2 elections? Even voting is subject to scandal. Conspiracy theories aside, I dont think Dubbya's legacy is passing on unscathed. Only time will tell.
Score: 0
|"The White House issued a statement following the House vote, characterizing its action as an attempt to remove terrorism-fighting tools from its grasp."
Unbelievable. After all these years, they're STILL trying to hide behind their "terrorism-fighting tools" bulls**t excuse in order to do anything they please. Shame on George W. Hitler and his cronies. It's ridiculous to see them use their threats of terrorism whenever they want some unconstitutional law passed. Americans are so quick to judge the governments of other countries such as China or Russia, yet they're blind to see the corruptness of their own government. I'm glad to see this administration's tactic of keeping the public constantly reminded of some impending phantom threat has finally worn thin. It took several years, but Americans are finally starting to realize they've been had. Good for you.
Score: 0
|I'm glad you don't live here. We don't need trash like you from second rate countries making such ridiculous comments about the president. Enjoy the hell you're living in, loser.
I may even sue you.
Score: 0
|go away...........
Score: 0
|I live in this country and this administrations constant fear mongering needs to stop just to pass unconstitutional laws.
Score: 0
|"I may even sue you."
Sue me for what? Freedom of speech, idiot. Enjoy it while you can. Soon you may not even have THAT. While we have it in our "second rate country" here. People like you is exactly what's wrong with America. Racist, prejudiced, ignorant, uneducated hicks who have never even been in another country (unless you happen to live in a state bordering Mexico or Canada) let alone speak another language besides English (poorly). If America is so great, why is it that the majority of their consumer products have a little Made in China logo on them? Surely, you don't need products made in such a second rate country.
Score: 0
|Perhaps if you had even a cursory understanding of what "Freedom of speech" is, you'd comprehend that is separate from the right to say anything you want without repercussion.
I must say I am a little confused. It sounded like you currently reside in China, but then you said you actually had freedom of speech. Obviously there is a conflict there. We don't jail people for writing political blogs. We don't threaten search engine companies to remove entries to things we don't want our populace to read, and our country doesn't filter everything at the great firewall of China either.
So what is this great country of yours?
Score: 0
|Not all americans are blind. If you look at poll results by county you can see that, statisticaly, nost people in the urban and ex-urban areas (even in much of the south!) know what's up. Too bad our rural and less fortunate brethern are so lost. What's funny is that the poorer people are those who suffer most under Bush/Cheney, yet they are, primarily, the folk who elected them!
Unfortunatly the system has run so far away from its origin that it is now well beyond the citizens' grasp.
Score: 0
|"People like you is exactly what's wrong with America. Racist, prejudiced, ignorant, uneducated hicks who have never even been in another country"
Yay! Another "Holier Than Thou" moron who's never set foot in the US condescending to tell us all "how it is".
Yeah. we definitely need more people like you in the world.
/sarcasm
Score: 0
|Wow did you actually write this? Why attack him personally instead of attacking his ideas? Are you a 13 year old sneaking in some time or you mothers computer or an an adult? Why don't you confront this persons ideas instead of acting like a barbaric child?
Score: 0
|George W. Hitler
That's a mature argument. Making a statement like that costs you all of your credibility.
Score: 0
|Agreed
Score: 0
|"the right to sue" ...it's good to know our values are being held intact.
Score: 0
|"H.R. 3773 seeks to amend the Foreign Intelligence Surveillance Act (FISA), with the principal aim being to prevent the Justice Dept., the CIA, or any other intelligence-gathering source from House's final draft of the Act was without the clause that President Bush repeatedly and publicly stated would be required in order for him to sign it into law: the provision that grants telecommunications companies immunity from prosecution for having cooperated with the government in surveillance activities that the bill may now deem unlawful."
I think you need to fix your English there, the sentence makes no sense.
Score: 0
|You're right, dkratter, and thanks for pointing it out: This time, a whole line got accidentally deleted. I put it back in.
-SF3
Score: 0
|