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.
June 19th, 2008 at 11:59 pm
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.
June 20th, 2008 at 12:07 am
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…
June 20th, 2008 at 2:15 am
… 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.
June 20th, 2008 at 9:41 am
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.
June 21st, 2008 at 2:52 pm
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.
June 24th, 2008 at 9:08 pm
Chris Dodd for Senate Majority leader.
June 28th, 2008 at 1:34 pm
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.