Senate Committee Votes to Authorize Warrentless Wiretapping

LividBlivet writes, "The Senate Judiciary Committee approved a bill that not only authorizes, but extends, US warrentless wiretapping. No accountability. No oversight. No definition of 'terrorist.' No record of who voted for what. Great way to devolve a democratic republic into a fascist theocracy. Me worried? Yea." Here is the text of SB2453, the National Security Surveillance Act (PDF). Confusingly, the committee also voted out two other bills, one of which "all but declares the warrantless wiretapping illegal," according to Wired.

Comments

Bedtime for Democracy

[TripMaster Monkey]

(Apologies to Jello Biafra)

Here's a quick rundown of SB 2453:

1) Repeal the core requirement of FISA that its procedures and the criminal Wiretap Act (Title III) "shall be the exlusive means" for conducting electronic surveillance. The bill essentially makes FISA optional overall, by explicitly deferring to the President's "inherent" constitutional authority instead.

2) Authorize (but not require) the President to submit the current NSA surveillance program to review and blessing by the FISA courts. This review effectively would be limited to Fourth Amendment issues. The separation-of-powers issues deriving from FISA itself would not be reviewed, because Congress already would have capitulated in Step 1) above.

3) Refer all third-party court challenges to intelligence-surveillance programs to the FISA courts, instead of the ordinary District Courts such as those of Judge Taylor in Detroit, Judge Lynch in New York or Judge Walker in San Francisco, which now have several cases before them. I am uncertain of what effect this would have on Judge Taylor's case, since she already has ruled against the program and issued an injunction.

4) Make some fundamental changes to the definitions within FISA, most importantly removing the current provision that makes FISA apply to any intelligence surveillance acquired within the United States, regardless of who the target is. This apparently would have the effect of authorizing warrantless surveillance beyond that now reported to take place under the NSA program.

More information can be found at Unclaimed Territory.

Re:A little bit OT, but

[BWJones]

From where did this "Islamofascist" expression came?

I put the word in quotes for a reason in that the label "Islamofascist" is a marketing term developed by Rove and company to help define who the enemy is in this "Global War on Terrorism", better defined by General Abizaid as "The Long War".

OT: Abizaid gets it and understands what it is that we are dealing with with radical fundamentalism and is just the sort of person you want in the military.

The real problem

[segfault_0]

The problem is that Americans are a bunch of pussies now who arent willing to die for real liberty anymore. To keep my freedoms I would be willing to die in a terrorist attack if chance put me in that position and I wouldnt look at it any different than a car wreck or an earthquake. It appears that we've been subdued with digital cable, SUVs and 70$ jeans to the point where we have completely lost our perspective on whats worth something in this life - like fostering a free and fair society for our children. I just hope those of us who agree or sit silent while this occurs realizes its our children that will pay the price - not us.

Re:Vote!

[sethg]

The President is tasked in a time of war to protect the country as he/she sees fit

Bzzt! Thanks for playing.

The Congress shall have power... To declare war,... make rules concerning captures on land and water;... raise and support armies,... provide and maintain a navy;... make rules for the government and regulation of the land and naval forces;...

Even in wartime, if Congress passes a law saying that the President needs a warrant to conduct a wiretap, or saying that torturing prisoners is not allowed, or saying that every Master Sargeant in the army needs to wear a hat with a flashing blue light on top, the President has to suck it up and deal.

Wake up Americans please!

[slashbart]

Hi all

I am Dutch, used to like the U.S., used to admire the core values that it stood for. I've spent more than a year in the States (in the late eighties), travelled through 35 states, and generally loved it, and its people. There is (used to be?) some kind of optimism, and absence of cynism with Americans, that you don't find in the Netherlands.

I don't go to the States much anymore, so the only thing I see is the news and sites such as this, but it seems to me that the U.S. has changed terribly for the worse. It seems to be a fear based society by now.

• The terrorist attacks on 9/11 seem to have given the Bush government the excuse they needed (lets not talk about the conspiracies), but you Americans let Bush get away with it!
• You have no more job security it seems, which is why you are working way more than pretty much everyone else in the first world.
• The lawsuit mania makes people scared about taking any risk whatsoever.
• The corporations get away with breaking the law, and f**ing over their customers.

The U.S. used to be some kind of example to a lot of Europeans, but these days, not many think that way anymore. Anyway, I'm just rambling all over the place, but I really do hope that Americans change the course their society is heading, because right now the direction seems scary (Heinlein, "if this goes on?")

good luck, you'll need it

P.S. I hope Bush leaves at the next elections, but the way he's amending the Constitution, I'm not even sure about that :-(