As Congress prepares to leave for the Memorial Day recess, negotiations continue on working to reform the Foreign Intelligence Surveillance Act (FISA). CQ ($$) reports that, "Republicans unveiled their latest compromise offer Thursday to rewrite electronic surveillance rules, saying they can make no more concessions to Democrats."

This latest proposal would establish FISA as the "exclusive means" of conducting electronic surveillance after recent news of a declassified 2001 Justice Department legal opinion. Despite language in the 1978 FISA law that cites FISA as the exclusive authority governing domestic wiretapping, the 2001 opinion determined that Congress actually did not want to restrict the president's authority to conduct warrantless surveillance for national security purposes. House Speaker Nancy Pelosi (D-CA), is now insisting on tight language in any rewrite of the FISA law to establish the statute as the "exclusive means" for conducting domestic electronic surveillance.

The proposal would also allow an inspector general investigation of the warrantless wiretapping program, and allow the secret FISA court to review in advance the procedures the administration would use to conduct surveillance of international calls where one party is in the U.S. to ensure privacy and civil liberties are protected. The compromise would also give the FISA court the authority to decide whether to grant retroactive legal immunity for telecommunications companies that are being sued for assisting the administration with the program.

According to CQ, Senator Christopher Bond (R-MO), "said the proposal has been vetted with the administration and intelligence community." And House Majority Leader Steny Hoyer (D-MD) said, "We are reviewing it carefully and look forward to resolving remaining differences in the near future."

Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman (I-CT), has asked Google to remove Internet video content distribution of material produced by terrorist groups through YouTube. According to Lieberman's press release, the videos "show assassinations, deaths of U.S. soldiers and civilians, weapons training, incendiary speeches by al-Qaeda leadership, and other material intended to encourage violence against the West." Lieberman references the recently released report by the committee that details how dangerous the Internet can be as a way to spread support for terrorist activities.

In a letter Lieberman explains that removing offensive content "should be a straightforward task since so many of the Islamist terrorist organizations brand their material with logos or icons identifying their provenance." He also asks that Google explains how it will enforce YouTube "community guidelines to address violent extremist material."

According to The Hill Google rejected this request, "claiming the action would stifle the 'free speech' the Google-owned site YouTube encourages. . . . 'YouTube encourages free speech and defends everyone's right to express unpopular points of view,' the company replied. 'We believe that YouTube is a richer and more relevant platform for users precisely because it hosts a diverse range of views, and rather than stifle debate we allow our users to view all acceptable content and make up their own minds."

Reportedly, an effort to find a compromise on legislation that revises the Foreign Intelligence Surveillance Act (FISA) is somewhat moving forward. According to CQ ($$), "Lawmakers and aides doubt that Congress can complete any overhaul of the foreign intelligence surveillance law before the Memorial Day break, yet many say increasingly 'productive' and 'serious' negotiations are under way." Apparently a compromise is being considered in which a secret court would have the authority to decide whether to grant immunity in cases involving telecommunications companies. The companies would have to go before the secret FISA court in order to be eligible for retroactive immunity. This is similar to an amendment Senator Dianne Feinstein (D-CA) offered during the Senate debate, but it was defeated.

This proposal is not without objections. The FISA court could be limited in what kind of review it conducts, and possibly far too limited. If the courts can only review orders from the Bush administration, plaintiffs could be denied a fair hearing. Caroline Fredrickson, the director of the American Civil Liberties Union's Washington legislative office was quoted in the CQ article; "We're really very concerned, because putting something that should be handled in the federal court system into a secret court where only one side really has a chance to make its arguments and the general public gets shut out is not really going to advance accountability for the illegal spying this administration has engaged in."

CongressDaily ($$) reports; "Librarians are not thought of as lobbying heavyweights, but when it comes to protecting patron privacy, lawmakers could get an earful today. Hundreds of literature lovers plan to canvass Capitol Hill armed with talking points about revisions to the Foreign Intelligence Surveillance Act, national security letters and a host of other topics important to the 110th Congress."

The American Library Association (ALA) is holding their National Library Legislative Day. In regards to reforming the Foreign Intelligence Surveillance Act (FISA), the ALA will be lobbying in support of HR 3773, introduced by House Judiciary Committee Chairman John Conyers (D-MI). "They believe it contains needed reporting requirements for congressional oversight; protections against unconstitutional surveillance. It also has a 2009 sunset provision; stronger judicial oversight, and a 'probable cause' requirement for spying on Americans overseas."

Leaders of the Senate Homeland Security and Government Affairs Committee, Senators Joseph Lieberman (I-CT) and Susan Collins (R-ME), have introduced a report titled "Violent Islamist Extremism, the Internet, and the Homegrown Terrorism Threat," based on hearings held by the Committee that looked into violent homegrown terrorism. They warn, "that the threat of homegrown terrorism is on the rise, aided by the Internet's capacity to spread the core recruitment and training message of violent Islamist terrorist groups."

Prior to the release of the report, OMB Watch along with many other groups sent a memorandum urging the committee to "tread lightly and carefully in this area, and to make every effort to preserve free speech and association rights." Legislation to address the problem, the Violent Radicalization and Homegrown Terrorism Prevention Act (S. 1959) is stalled in the Senate. The memo describes numerous concerns including the free speech implications and the unease of singling out of one religious group.

Our memo states; "If the Internet is a focus of efforts to stop 'homegrown terrorism' it should be because it can be a tremendous tool for dissemination of vast amounts of material that could counter the messages of the terrorists. The Internet, and the free speech it facilitates, can be an antidote to terrorism."

The American Civil Liberties Union issued a press release, which quoted Caroline Fredrickson, director of the ACLU Washington Legislative Office; "Though the need to prevent criminal acts of violence is unquestionable, targeting communities based on religious beliefs is unacceptable and unproductive. We will only end up stigmatizing the Islamic community and creating a nation of Islamophobes. We should not be legislating against thought and we should certainly not be regulating religious or unpopular thought. "

To read our coalition letter click here. In addition, a coalition of national American Muslim and Arab organizations submitted a letter to the committee responding to the report. And see this related article "Study Commission or Thought Police?"

According to BNA Money and Politics ($$), "Senator John D. Rockefeller (D-WV) is distributing draft legislation meant to advance efforts to reform the Foreign Intelligence Surveillance Act (FISA).

Rockefeller is the author of the Senate-approved version (S. 2248) which includes retroactive immunity provisions.

In response to news that such a "deal" has been taking place, the American Civil Liberties Union (ACLU) has sent out an action alert asking that you write to the U.S. House of Representatives opposing any efforts to grant retroactive telecom immunity in any upcoming FISA legislation.

Meanwhile, as the FISA stalemate continues, Representative Heather Wilson (R-NM) tried to attach the Senate-passed bill with retroactive legal immunity for telecommunications companies. Her amendment narrowly failed, 11-10.

Click here and write to your representative opposing telecom immunity!