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Bill Bans NSA Eavesdropping
An anonymous reader writes "The US house of representatives today passed a bill outlawing illegal domestic wiretapping by the government. Now government agencies are only allowed to access your private communications under terms of FISA. 'As the Senate Report noted, FISA "was designed . . . to curb the practice by which the Executive Branch may conduct warrantless electronic surveillance on its own unilateral determination that national security justifies it." The Bill ends plans by the Bush Administration that would give the NSA the freedom to pry into the lives of ordinary Americans. The ACLU noted that, despite many recent hearings about 'modernization' and 'technology neutrality,' the administration has not publicly provided Congress with a single example of how current FISA standards have either prevented the intelligence community from using new technologies, or proven unworkable for the agents tasked with following them.'"
This isn't fully baked yet. You need a Senate version, a conference, a final bill... wait for it... and a Presidential signature. Ooops.
You can't talk about Wikipedia's flaws on Wikipedia
Oh.. another veto... just because a bill passes doesn't make it a law
Ask not what you can do for your country. Ask what your country did to you
This is really about the separation of powers. The President insists that since he has wartime authorization, he has pretty wide authority to break the law. That is, the law is written, and he doesn't have to follow it because another law trumps it. That's what you get when you have a big, complex legal code.
This bill doesn't really change anything legally, but when it comes time for the third branch of government to have their say on the issue, Congress' intentions will be unambiguous: yes, they do mean that FISA is the ONLY way you can do domestic wiretapping.
It would be nice if laws could be simple and unambiguous, like a well-written piece of software. Instead, laws are written over a long time by a lot of different people, just like real software. Software crashes; laws get inconsistencies. You can point it out for laughs but when it's your phone they're tapping, or your right to life/liberty/property sitting in the ambiguity, it's not so funny.
No. It is about a power that was never made available to the federal government in the first place. Warrantless wiretapping is unconstitutional, period. That includes FISA. FISA represents exactly the same kind of reasoning as the ridiculous topsy-turvey interpretation of the commerce clause. The premise is that wiretapping itself does no harm, completely ignoring the breach of your security. Here is the fourth amendment:
You'll note the order there - it isn't an accident: first they get the warrant, then then they can search, seize and generally violate you security. This is the basis for telecommunications law that outlaws wiretapping in the first place.
FISA is based upon the very peculiar notion that they can first tap, and then ask for a warrant, and if a warrant is not issued, then they just "forget" about the tap and - somehow - everything is just peachy. But clearly, it isn't. Your security and privacy was violated, without a warrant. This of course is entirely aside from the fact that FISA is a rubber-stamp organization; just look at the statistics for warrants granted as opposed to warrants refused. Consider further the fact that I am not allowed to put a tap on your phone line. For any reason. I'm not even allowed to listen to a cell phone conversation you broadcast on an analog mode cell connection or an RF-based portable home phone. This is because it is an invasion of your privacy; and because your security is threatened. It isn't because I didn't get a warrant (I can't, as I am a citizen, not a member of law enforcement) and it isn't because I could get a warrant later, if it seemed like I needed to - I still can't. No, it is simply because your security is guaranteed by the constitution, and it is very clear that such an action would be in violation. But this is exactly what the government does with FISA. They don't bother to get a warrant, they just listen whenever they decide they want to. Clearly, FISA is unconstitutional.
Lastly, all arguments that the constitution is irrelevant here somehow because of "need" are false. If there is a real need, the constitution contains the tools required so that it may be modified such that those needs may be met. No, this is simply an end-run around the intent of the document without having to be inconvenienced by its restrictions. Remember, the constitution is the constituting authority for the federal (and state, with regard to amendments 1-10, as per the 14th) government, and any action that is forbidden on the one hand, or not an enumerated power in the case of the feds, is both unconstitutional and lacking any legitimate authority. Don't confuse power with authority.
I've fallen off your lawn, and I can't get up.
Warrantless wiretapping is unconstitutional, period.
And where does the Constitution say that?
It doesn't. Why doesn't it? Because in 1789, there was no such thing as electronic communication.
In 1967, the Supreme Court ruled that the protections of the fourth amendment applied to electronic searches as well as physical searches. But you must keep in mind than in 1967, electronic searches pretty much meant having people listen to other people's phone calls.
It's now 2007. Electronic searches mean a lot more than just people listening to other people's phone calls. Whether a computer monitoring all phone calls constitutes an illegal search or not is not a given. It is not unreasonable that the courts could say that computerized monitoring of phone calls is not due the same 4th amendment protections as human monitoring. Or they could say that it is. But neither has happened yet.
In the meantime, a law which says you can't use computer systems to monitor masses of phone calls isn't a bad thing - it makes it illegal now, definitively, without waiting for court interpretation of the scope of 1789's 4th amendment in 2007.
paintball
I support them by respecting the fact that they do their job, even though I don't agree with their orders. Just because I stopped giving extra funds (above my taxes) to them, doesn't mean I don't appreciate their willingness to follow orders as a good soldiers should. I would never insult a soldier for his actions in Iraq if he were under orders.
I guess there are differing levels of support...our retard-in-chief seems to see things in a binary fashion tho.
Blar.
You don't know that.
And the reason you don't know that is that the court providing oversight that would ensure such was specifically avoided.
All you have is their claims about the specifics of the wiretaps.