When Congress enacted and the President signed into law the FISA Amendments Act of 2008, some of the nation's largest telecommunications companies were given an extraordinary gift: full-scale immunity from the pending lawsuits brought by their customers, who had alleged that their privacy and other rights were violated by the telecoms' participation in the Bush administration's illegal spying program. There are, however, several reasons for believing that this telecom immunity provision is unconstitutional, violative of several different constitutional guarantees.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:23pm
It’s official. The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.
The heartbreak of another Senate vote in favor of dragnet collection of Americans’ communications, however, pales in comparison to the rejection of modest amendments in favor of more FISA transparency and accountability. These amendments would not have limited the government’s spying program in any way; they would have only compelled the government to tell the public what the law says and whether it protects us from government prying.
An amazing video posted on The New York Times website today lays out in chilling detail how the National Security Agency is sucking up every piece of communication data in America – from phone calls to emails to cell phone location – and has the ability to tie together all of the information for a single person (watch it here).
By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 6:26pm
The ACLU appeared before the Supreme Court to argue for the right of Americans to challenge a law that instituted a far-reaching and unconstitutional surveillance regime.
By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 11:12am
This week is “Cybersecurity Week” in the House of Representatives, and members will vote on a handful of bills intended to protect cybersecurity — the ability to prevent and respond to threats from foreign governments, terrorists and criminals over the Internet. Some of the bills are civil-liberties-neutral but, as usual when addressing a security issue, Congress is considering a bill that overreaches — this time by allowing companies to share private and sensitive information with the government without a warrant and without much oversight.
By Robyn Greene, ACLU Washington Legislative Office at 5:29pm
Last month I wrote about how Sen. Ron Wyden (D-OR) has been rebuffed in his multi-year effort to get answers to very basic questions about how the government uses the sweeping authorities granted under the FISA Amendments Act (FISA).
Wyden spearheaded two more letters to the National Security Agency (NSA) Director and the Director of National Intelligence (DNI). Again, he was denied answers.
Today, the House of Representatives passed a reauthorization of the 2008 FISA Amendments Act, an unconstitutional domestic spying law that gives vast, unchecked surveillance authority to the government. The law, passed in July of 2008, authorizes the National Security Agency to conduct dragnet surveillance of Americans’ international emails and phone calls.
By Barbara Flynn Currie, Illinois House of Representatives, Majority Leader at 2:08pm
As we near the tenth anniversary of the terrorist attacks of 9/11, we can expect to see a number of retrospective pieces in print and broadcast offering commentary on changes to America in the decade since that shocking day.