By Mark Ballard for The
Register.
This story has been reproduced with permission.
AP reports that Congress voted 227 to 183 on Saturday to approve
a new bill modifying the provisions of the Foreign Intelligence
Surveillance Act (FISA).
Under FISA, whenever US spooks want to intercept communications
within America, they typically need to obtain a warrant from a
special secret court.
In the wake of 9/11, President Bush sidelined the FISA court and
authorised the National Security Agency (NSA) to tap electronic
communications within the US in bulk. This effort has been
presented as targeted primarily at people overseas whose calls,
emails, or whatever were routed via the States; however it appears
that in many cases at least one end of the link was within the
USA.
After the NSA programme became known, at least some elements of
it were put back under FISA court oversight. Initially, secret
judges were happy to authorise the programme, but it now appears that some months ago the
star-chamber warrant was not renewed. As a result, the Bush
administration and the intelligence community have sought a change
in the law.
Democrats on Capitol Hill have resisted, claiming that bulk
automated wiretapping against US citizens is unconstitutional, but
have been in a difficult position. A future terrorist attack
against the US has to be regarded as a likely contingency, and
after every attack there will inevitably be witch-hunts and blame
pinned. After 9/11, the spies took a lot of the heat; but next
time, if they aren't given the powers they're asking for, the
finger might point at politicians in Washington.
Democrat opponents of the Bush plan have won a minor concession
in that there will be joint oversight by the Attorney General and
the national spy czar, rather than by AG Gonzales – widely disliked
by the Democrats – alone. More importantly, the legislation will
expire in six months unless renewed.
The AP report can be read here.
© The Register
2007
