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Advocacy Blog
Thursday, January 24, 2008
FISA Reform Must Overcome Divisions among Lawmakers and a Lack of Time
Chances are not good that Congress will come to an agreement and pass legislation to revise the Foreign Intelligence Surveillance Act (FISA) before the temporary Protect America Act expires Feb. 1. Yesterday the Senate began debating FISA and whether to grant legal immunity to telephone companies for assisting in the warrantless surveillance program. Facing the time constraints, Senate Majority Leader Harry Reid (D-NV) would like to instead pass a one month extensions the expiring law giving Congress more time.
As done during the Senate's first attempt to debate FISA, the bill (S.2248) approved by the Senate Intelligence Committee will be offered as the base text for debate, and Senator Patrick Leahy (D-VT) will offer an amendment based off the measure passed by the Judiciary Committee that would strengthen the FISA court and does not include immunity. Privacy and civil liberties groups oppose the Intelligence Committee's bill and some Democrats have promised to use procedural tactics to oppose it.
Vice President Cheney said in a speech "that Congress 'must act now' to renew the expiring surveillance law and provide telecommunications companies with protection from lawsuits alleging they violated personal privacy rights while helping the government after the Sept. 11, 2001, attacks."
The New York Times reported that "Senate Democrats concede that they probably lack the votes needed to stop a White House-backed plan to give immunity to phone utilities." In addition, even if the Senate passed a measure, there would not be enough time to reach a deal with the House's version (H.R. 3773) passed in November which does not include immunity.
The American Civil Liberties Union (ACLU) and a broad coalition of other groups (including OMB Watch) wrote to Reid on January 22 requesting court oversight of electronic surveillance that involves U.S. citizens and urged the Senate to reject any retroactive immunity for the telecommunications companies. An ACLU poll found that overall voters feel that the wiretapping of Americans should require a warrant. "Majorities across almost every demographic subgroup of voters oppose all three [warrantless wiretaps, blanket warrants, and immunity for telecommunication companies] of these proposals." Click here to participate in an ACLU action alert and send your Senators a message urging them to oppose telecom immunity.
Posted by Amanda Adams
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