[Infowarrior] - Dems Postpone Rollout Of Controversial Wiretapping Bill

[Richard Forno]

Dems Postpone Rollout Of Controversial Wiretapping Bill

October 5, 2007 10:43 AM
http://www.huffingtonpost.com/2007/10/05/dems-postpone-rollout-of-_n_67293.h
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2007-10-05-hoyer.jpgRep. Steny Hoyer (D-MD), the House Majority Leader,
postponed a press conference announcing new reforms of the Foreign
Intelligence Surveillance Act after progressive lawmakers banded together
and said they would fight any legislation that did not include a set of
eight principles on wiretapping that preserve the "rule of law."

"What's most significant is that the Progressive Caucus came together and
said to the leadership that all 72 of us require that these provisions be
included," said Caroline Fredercikson, Legislative Director for the American
Civil Liberties Union. "This changes the dynamic significantly."

Rep. Hoyer had planned to roll out the new FISA reform bill at 1:30 PM
today. A spokesperson from his office told the Huffington Post that the
House Intelligence Committee had decided to postpone completion of the
legislation, though it's not clear that the announcement from the
Progressive Caucus influenced their decision. Votes in the House were also
canceled today. The committee was not available at press time.

The ACLU said it has not seen the language of the reforms that the
Democratic leadership was preparing to get behind.

But while congressional progressives feared that their leaders would make
permanent the expansions of wiretapping power that congressional Republicans
brokered in August, some House Republicans were less sanguine about the
outcome of the legislation. An adviser to Rep. Pete Hoekstra (R-MI), the
ranking Republican on the Intelligence Committee, claimed that the Democrats
had closed their Republican counterparts out of the process of drafting the
legislation.

A copy of the principles on FISA reform sent to the Democratic leadership by
the 72 members of the Congressional Progressive Caucus can be read after the
jump.

Progressive Caucus Official Position and Fundamental Principles Governing
FISA Reform, as adopted

October 3, 2007

We, Members of the Congressional Progressive Caucus, fully recognizing we
live in a dangerous world but proud of, and deeply committed to, the values
that have made the United States an exemplar for the world, affirm the
following principles to guide consideration over the debate regarding
surveillance of foreign intelligence. We hold that these principles
represent the pillars by which America gives no quarter to terrorists who
would do our country harm, while at the same time ensuring fidelity to the
distinctively American commitment to the rule of law, the dignity of the
individual, and separation of powers.

1. It should be the policy of the United States that the objective of any
authorized program of foreign intelligence surveillance must be to ensure
that American citizens and persons in America are secure in their persons,
papers, and effects, but makes terrorists throughout the world feel
insecure.

2. The best way to achieve these twin goals is to follow the rule of law.
And the exclusive law to follow with respect to authorizing foreign
surveillance gathering on U.S. soil is the Foreign Intelligence Surveillance
Act (FISA). As initially enacted by Congress, the exclusivity of FISA was
unambiguous. Legislation must reiterate current law that FISA is the
exclusive means to authorize foreign surveillance gathering on U.S. soil.

3. The Foreign Intelligence Surveillance Act (FISA) should be modernized to
accommodate new technologies and to make clear that foreign to foreign
communications are not subject to the FISA, even though modern technology
enables that communication to be routed through the United States.

4. The Foreign Intelligence Surveillance Court (FISC) is indispensable and
must play a meaningful role in ensuring compliance with the law. This
oversight should include, where possible, regular judicial approval and
review of surveillance, of whose communications will be collected, of how it
will be gathered, and of how content and other data in communications to and
from the United States will be handled.

5. Congress must have regular access to information about how many U.S.
communications are being collected and the authority to require court orders
when it becomes clear that a certain program or surveillance of a target is
scooping up communications of U.S. persons.

6. Once the government has reason to believe that a specific account, person
or facility will have contact with someone in the United States, the
government should be required to return to the FISC to obtain a court order
for continued surveillance. Reliance on the FISC will help ensure the
privacy of U.S. persons' communications.

7. Congress should not grant amnesty to any telecommunications company or to
any other entity or individual for helping the NSA spy illegally on innocent
Americans. The availability of amnesty will have the unintended consequence
of encouraging telecommunications companies to comply with, rather than
contest, illegal requests to spy on Americans.

8. Authorization to conduct foreign surveillance gathering on U.S. soil must
never be made permanent. The threats to America's security and the liberties
of its people will change over time and require constant vigilance by the
people's representatives in Congress.