Jun 19th, 2008
Posted by Amanda Simon, ACLU at 7:38pm	National Security

This Spade is a Spade: FISA Deal Is Bunk

So, House Majority Leader Steny Hoyer announced his precious FISA deal today and I’m sure it will not come as great shock to this general audience that we at the ACLU think it’s crap. And by “crap” I mean unconstitutional.

Remember that horrible bill the Senate passed earlier this year? The one that had virtually no Fourth Amendment protections? Ok, now imagine Congressman Hoyer and Senator Bond putting a really pretty, really meaningless bow around it to distract you from what’s actually inside. Then they added a giveaway to the phone companies. There. Now you have the current FISA bill. Let me explain.

• Court review? Pssh. Please. This is how it would work: The government wants to tap someone’s phone. It claims “exigent circumstances” and begins to do so. Then it goes to the FISA Court to be granted a warrant. “Hold up,” says the court. “This application is problematic and based on heresay.” Now the government starts the appeals process and that goes on for heaven knows how long. When does the surveillance stop on the problematic target? Um, never. The government is allowed to begin tapping without the courts and continue tapping when the court says no, provided it appeals. Nice, strong and meaningful judicial review, huh?
  
  
• Immunity? Yes. Yes, it is. Here’s why: This immunity “compromise” sets the bar so low that anyone can clear it. Immunity hinges on whether a document from the president or government exists asking the companies to comply? We know they have them. You know who told us? The president. Asking the phone companies to put on their Sunday best, waltz to the courthouse and present a note from the leader of the free world does not a full and fair airing of the facts make. It’s a farce and, frankly, it’s offensive to those of us who cherish our privacy rights. Congress will be opening a Pandora’s box if this provision becomes law. What’s to prevent these companies from handing over our information again? Absolutely nothing.

So, Americans’ Fourth Amendment rights and presumption of privacy are both teetering on the verge of irrelevance and guess who wins? The telecoms and the re-election coffers of all the members who vote for this. For those of you around at the end of last July, this is eerily familiar. The administration working behind the scenes with congressional leadership, false deadlines, general cowardliness…Protect America Act anyone? Maybe that’s too harsh. Oh wait…no it’s not. This bill has immunity.

If you’re looking for a more in-depth and better written look, God bless Glenn Greenwald. And if you happen to be a member of Congress trolling the ACLU Blog of Rights, maybe you should read yesterday’s New York Times editorial for instructions on how to behave during this vote.

Permalink |	National Security

1. Nowax Says:
   Jun 19th, 2008 at 10:59pm

   The time has come for Democrats to call for the ouster of the Democratic leadership. While it won't happen this term, we should make it clear that this leadership has been a dismal failure. Enough is enough! We need Democrats with backbones. Pelosi and Reid have been a horrible disappointment. They need to step down.

2. DN Says:
   Jun 19th, 2008 at 11:07pm

   You said that the ACLU believes that the law is unconstitutional. Who, if anyone, would have standing to challenge the law? The problem with the wiretapping situation in the first place is that the secrecy itself hinders proving standing which protects the secrecy...

3. Westmiller Says:
   Jun 20th, 2008 at 1:15am

   ... teetering on the verge of irrelevance ..
   For the entire history of the FISA law, the Constitution has been irrelevant ... with the complicity and applause of Democrats. I think their only reservation is that we don't yet have a fully-empowered monarch from their party.

4. Kathleen S. Berndt Says:
   Jun 20th, 2008 at 8:41am

   I am, to the core of my being, opposed to this bill. It does nothing for the security of the United States or her people.

5. john patriot Says:
   Jun 21st, 2008 at 1:52pm

   Nancy Pelosi disgusts me. She might as well have committed the same crimes as the criminals she is
   aiding and abetting. Vote this cowardly, fascist
   woman out of power, and do it with authority.

6. Don D Says:
   Jun 24th, 2008 at 8:08pm

   Chris Dodd for Senate Majority leader.

7. Happiness Hacker Says:
   Jun 28th, 2008 at 12:34pm

   The integrity, security and safety of our national telephone and Internet communications systems must become a major concern as we look forward to Change in November.

   Private government contractors monitor all U.S. telephone and Internet communications. Some of these private contractors are corrupt or have weak internal controls.

   60-70% of the National Security Agency and the CIA's National Clandestine Services budgets are paid to private contractors. See HappinessHacker.com for links to NYTimes articles and respected sources that document private government contractor concerns.

   Do you think all these private security contractors are honest and honorable?

   The War on Terror is a $100+ billion industry, the people and organizations profiting from it will not let go easily.

   Can we have fair and free elections in November if our telephone and Internet communications systems are compromised?

   Please give this issue some attention.

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