the government still spies illegally
an update from my senator:
Current law permits the wiretapping of communications made by American citizens living within the United States only according to the procedures set forth in the federal criminal wiretap statute and the Foreign Intelligence Surveillance Act (FISA). To protect against abuses by the Executive branch, the government must seek a warrant from a special FISA court in order to conduct electronic surveillance of communications between American citizens and persons outside of the country.
The NSA did not obtain approval from the FISA court or from any other court before initiating its domestic wiretapping program. Few members of Congress were briefed about the wiretap program until its existence was revealed by the media, and those members were sworn to secrecy. The Administration has also shut down its own internal Department of Justice investigation of the NSA program.
Several bills have been introduced in the Senate that would essentially provide blanket legal authorization for the NSA's surveillance of American citizens. The Terrorist Surveillance Act of 2006 (S. 2455/S. 3874), introduced by Senator Mike DeWine, would simply authorize the President's surveillance program as it exists today. The National Security Surveillance Act of 2006 (S. 2453/S. 3876), introduced by Senator Arlen Specter, would permit the Administration to voluntarily submit the entire NSA program to the FISA court for a review of its constitutionality, and would allow the Administration to appeal a ruling of unconstitutionality while denying any appeals of rulings of constitutionality.
I voted against these bills when they were considered by the Senate Judiciary Committee in September 2006. The bills simply do not provide meaningful oversight of the Executive Branch to ensure that surveillance powers are not misused against American citizens. Every member of Congress wants to monitor communications among suspected terrorists, but this can be done in a way that ensures that the Executive Branch does not misuse its surveillance authority against American citizens. Further, I do not believe the Senate should pass legislation that gives the Administration blanket authorization for these surveillance programs when most Senators do not even know the programs' operational details.
Due to the widespread resistance to the Administration's warrantless surveillance programs, the full Senate did not vote on these bills before the Senate adjourned for the election season. When the Senate reconvenes, I will continue to work to ensure that any government surveillance of American citizens is conducted in a manner consistent with our civil liberties and the rule of law as well as our security needs.
Sincerely,
Richard J. Durbin
United States Senator
Current law permits the wiretapping of communications made by American citizens living within the United States only according to the procedures set forth in the federal criminal wiretap statute and the Foreign Intelligence Surveillance Act (FISA). To protect against abuses by the Executive branch, the government must seek a warrant from a special FISA court in order to conduct electronic surveillance of communications between American citizens and persons outside of the country.
The NSA did not obtain approval from the FISA court or from any other court before initiating its domestic wiretapping program. Few members of Congress were briefed about the wiretap program until its existence was revealed by the media, and those members were sworn to secrecy. The Administration has also shut down its own internal Department of Justice investigation of the NSA program.
Several bills have been introduced in the Senate that would essentially provide blanket legal authorization for the NSA's surveillance of American citizens. The Terrorist Surveillance Act of 2006 (S. 2455/S. 3874), introduced by Senator Mike DeWine, would simply authorize the President's surveillance program as it exists today. The National Security Surveillance Act of 2006 (S. 2453/S. 3876), introduced by Senator Arlen Specter, would permit the Administration to voluntarily submit the entire NSA program to the FISA court for a review of its constitutionality, and would allow the Administration to appeal a ruling of unconstitutionality while denying any appeals of rulings of constitutionality.
I voted against these bills when they were considered by the Senate Judiciary Committee in September 2006. The bills simply do not provide meaningful oversight of the Executive Branch to ensure that surveillance powers are not misused against American citizens. Every member of Congress wants to monitor communications among suspected terrorists, but this can be done in a way that ensures that the Executive Branch does not misuse its surveillance authority against American citizens. Further, I do not believe the Senate should pass legislation that gives the Administration blanket authorization for these surveillance programs when most Senators do not even know the programs' operational details.
Due to the widespread resistance to the Administration's warrantless surveillance programs, the full Senate did not vote on these bills before the Senate adjourned for the election season. When the Senate reconvenes, I will continue to work to ensure that any government surveillance of American citizens is conducted in a manner consistent with our civil liberties and the rule of law as well as our security needs.
Sincerely,
Richard J. Durbin
United States Senator
posted by starzero at
11:46 AM
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