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Preston Gralla's picture
Preston Gralla

Seeing Through Windows

Congress: We'll ban Bush's NSA wiretapping

If Congress gets its way, the NSA's massive, unauthorized wiretapping and Web-tapping program will be banned. The House of Representatives just passed a law saying that the NSA cannot perform any electronic surveillance except under an existing law -- a law that the NSA, with President Bush's approval, has ignored.

The House just passed HR 2082, which authorizes funding for intelligence activities. It also explicitly states that the the Foreign Intelligence Surveillance Act of 1978 is "the exclusive means by which electronic surveillance may be conducted for gathering foreign intelligence information."

That law requires that the NSA get approval from a judge before it performs electronic surveillance, including tapping the Internet. In emergency situations, the tap can be put on, and a judge asked for the tap retroactively.

That law had been followed by every president, whether Republican or Democrat, until the NSA began violating it in concert with AT&T, BellSouth, and Verizon.

AT&T is being sued by the Electronic Frontier Foundation (EFF) for its part in the surveillance. According to an EFF press release, "AT&T, in addition to allowing the NSA direct access to the phone and Internet communications passing over its network, has given the government unfettered access to its over 300 terabyte 'Daytona' database of caller information—one of the largest databases in the world."

The Senate still has to act on the new law. It should follow the lead of the House and ban the unauthorized surveillance.

What People Are Saying

Interesting that the FISA

Interesting that the FISA law with FISA Court Sealed Case 02-001 reaffirming, that the President, under the Constitution, has the power to conduct wiretaps without warrant when it comes to foreign intelligence.

"The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information. It was incumbent upon the court, therefore, to determine the boundaries of that constitutional authority in the case before it. We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power. The question before us is the reverse, does FISA amplify the President’s power by providing a mechanism that at least approaches a classic warrant and which therefore supports the government’s contention that FISA searches are constitutionally reasonable."

The fedral appellate courts have repeatedly found that under Article II of the constitution that the President does have the power to conduct warrantless monitoring for the purposes of foreign intelligence.

In addition, Congress added to this by affirming in their AUMF that the President was authorized to “use all necessary and appropriate force,” NSA being part of this.
If you're on some AQ, Hamas, Hezbollah ,etc Rolodex as a contact you shouldn't expect privacy. That goes for the CNN and other reporters too.

The government has a constitutional responsibility to conduct intelligence gathering as part its defense of this country. Anything less is dereliction of duty.

Since when has a president

Since when has a president in the 20th century NOT used wiretaps? FDR (President Franklin Delano Roosevelt for those who don't have a clue) did it to anyone he felt like. So did JFK. (President Kennedy- see above) And the Clintons! I cannot believe you actually wrote that they, yes her too, didn't use this form of espianage against their own people. It has been proven that the paranoid Clintons tapped many more people than our current President. As usual, the liberal media conveniently forgets about the wrong doings of a liberal president.

And as for stopping Bush, he is fighting a war. Whether people like it or not, we are in this war on terror for the long haul. This war is not for land or oil, the extremist Muslims want to kill anyone who is not like them. They are against our way of life. So sure, he may have tapped a few people illegally, but war is war. And no, being military, I would not be surprised to find my name in the list of people being tapped, even for a short time. You people need to get over yourselves.

Well "Retired Military"

Well "Retired Military" pretty much explains the rest. For those of us who do not work for the government and believe all the propoganda they put out could you cite where it is "proven" that the Clintons tapped "many" more people?

If you honestly believe that George W's administration has not been pushing the agenda of his father ...ex-CIA director, oilman and business assocates with the bin Laden's then the government sure got their money's worth when they bought you.

From what I remember of

From what I remember of reading about Carnivore, it went a lot further than anything Bush has requested. So I have to doubt the claim that the existing law was 'good enough for Clinton' yet somehow Bush broke it.

I'll give Carter credit for probably never intentionally breaking any laws. Reagan was clearly focused on the Soviets, so he gets a pass as well. But the Clinton administration was well known for flouting any law it didn't like. Why they get a pass from anyone still mystifies me. The military adventues in Bosnia and Somalia have been somehow forgotten, as well. The double standard annoys me as much as the stuff the Bush administration DOES do wrong. I'd be a lot more impressed if there was some focus on that and less muck-raking over more-of-the-same stuff that was all okey-dokey ten years ago.

Way to go congress. The Bush

Way to go congress.

The Bush Administration is on it's way out.