http://www.wired.com/news/technology/0,71778-0.html?tw=wn_index_1 A bill radically redefining and expanding the government's ability to eavesdrop and search the houses of U.S. citizens without court approval passed a key Senate committee Wednesday, and may be voted on by the full Senate as early as next week.
By a 10-8 vote, the Senate Judiciary Committee approved SB2453, the
National Security Surveillance Act (.pdf), which was co-written by committee's chairman Sen. Arlen Specter (R-Pennsylvania) in concert with the White House.
The bill:
- Redefines surveillance so that only programs that catch the substance of a communication need oversight. Any government surveillance that captures, analyzes and stores patterns of communications such as phone records, or e-mail and website addresses, is no longer considered surveillance.
- Expands the section of law that allows the attorney general to authorize spying on foreign embassies, so long as there's no "substantial likelihood" that an American's communication would be captured.
- Repeals the provision of federal law that allows the government unfettered wiretapping and physical searches without warrants or notification for 15 days after a declaration of war. The lack of any congressional restraint on the president's wartime powers arguably puts the president at the height, rather than the ebb, of his powers in any time of war, even an undeclared one.
- Repeals the provision of federal law that limits the government's wartime powers to conduct warrantless wiretapping and physical searches to a period of 15 days after a declaration of war.
- Repeals the provision of federal law that puts a time limit on the government's wartime powers to conduct warrantless wiretapping and physical searches against Americans. Under current law, the president has that power for only 15 days following a declaration of war.
- Allows the attorney general, or anyone he or she designates, to authorize widespread domestic spying, such as monitoring all instant-messaging systems in the country, so long as the government promises to delete anything not terrorism-related.
- Moves all court challenges to the NSA surveillance program to a secretive court in Washington, D.C., comprised of judges appointed by the Chief Justice of the Supreme Court. Only government lawyers would be allowed in the courtroom.
- Allows the government to get warrants for surveillance programs as a whole, instead of having to describe to a judge the particular persons to be monitored and the methods to be used.
Specter, who called NSA's warrantless surveillance a "festering sore on our body politic," champions his bill, since it allows, but does nor require, the administration to submit the whole surveillance program to review by a secretive court. Specter says President Bush promised to submit the NSA program to the court, if the bill passes.
President Bush Promised? Oh, well then, I guess that's ok. Jagoff.