The other problems with the new FISA bill
Related
What wrong with the new FISA law? Not just retroactive immunity, it still allows instances of warrantless tapping of US citizens!
The FISA Compromise
Jun 22, 2008 (Political Animal) THE FISA COMPROMISE....The aspect of the FISA compromise that's gotten the most attention is its grant of retroactive immunity to the telephone companies that cooperated with the NSA's post-9/11 domestic spying program. Like everyone else in the liberal blogosphere, I think retroactive immunity is a bad idea that sets a bad precedent, but as I've mentioned before, this isn't a hill I'm willing to die defending. Sure, the telcos may have made the wrong call, but they were caught in a genuinely tough bind in the days after 9/11. The real bad guys here are George Bush and his enablers, who refused to go to Congress after the immediate post-9/11 emergency was over and get legislative approval for the NSA surveillance program.
For my money, then, telecom immunity is a little bit of a sideshow. The rest of the bill matters a lot more. So what's in it?
For starters, the most positive aspect of the bill is that it make clear that FISA and the criminal wiretap laws are the exclusive means by which electronic surveillance may be conducted. It's true that the old FISA bill says the same thing, and in any case it wouldn't surprise me if Bush issued a signing statement saying he disagrees with this section, but still, at least it's something.
--MORE--
What wrong with the new FISA law? Not just retroactive immunity, it still allows instances of warrantless tapping of US citizens!
The FISA Compromise
Jun 22, 2008 (Political Animal) THE FISA COMPROMISE....The aspect of the FISA compromise that's gotten the most attention is its grant of retroactive immunity to the telephone companies that cooperated with the NSA's post-9/11 domestic spying program. Like everyone else in the liberal blogosphere, I think retroactive immunity is a bad idea that sets a bad precedent, but as I've mentioned before, this isn't a hill I'm willing to die defending. Sure, the telcos may have made the wrong call, but they were caught in a genuinely tough bind in the days after 9/11. The real bad guys here are George Bush and his enablers, who refused to go to Congress after the immediate post-9/11 emergency was over and get legislative approval for the NSA surveillance program.
For my money, then, telecom immunity is a little bit of a sideshow. The rest of the bill matters a lot more. So what's in it?
For starters, the most positive aspect of the bill is that it make clear that FISA and the criminal wiretap laws are the exclusive means by which electronic surveillance may be conducted. It's true that the old FISA bill says the same thing, and in any case it wouldn't surprise me if Bush issued a signing statement saying he disagrees with this section, but still, at least it's something.
--MORE--