Why Does Bush Want to Amend FISA?
Bush is doing a radio address tomorrow where he will discuss FISA. He plans to say the following:The Foreign Intelligence Surveillance Act -- also known as FISA -- provides a critical legal foundation that allows our intelligence community to collect this information while protecting the civil liberties of Americans. But this important law was written in 1978, and it addressed the technologies of that era. This law is badly out of date -- and Congress must act to modernize it.
Today we face sophisticated terrorists who use disposable cell phones and the Internet to communicate with each other, recruit operatives, and plan attacks on our country. Technologies like these were not available when FISA was passed nearly 30 years ago, and FISA has not kept up with new technological developments.
That's simply a lie and he must know that this is a lie, because he himself said - when he was singing the praises of the Patriot Act - that:
We're dealing with terrorists who operate by highly sophisticated methods and technologies, some of which were not even available when our existing laws were written. The bill before me takes account of the new realities and dangers posed by modern terrorists. It will help law enforcement to identify, to dismantle, to disrupt, and to punish terrorists before they strike. . . .
Surveillance of communications is another essential tool to pursue and stop terrorists. The existing law was written in the era of rotary telephones. This new law I sign today will allow surveillance of all communications used by terrorists, including e-mails, the Internet, and cell phones. As of today, we'll be able to better meet the technological challenges posed by this proliferation of communications technology. . . .
Hat tip to Glenn Greenwald and The Anonymous Liberal.
4 comments:
So why does he need to change FISA if he already has these powers under the 2001 Patriot Act?
FISA deals with collecting foreign intelligence. The Patriot Act expanded powers for domestic law enforcement. These are two completely different things.
I guess that simple fact pretty much answers the rest of the post.
But he claims FISA has not kept up with modern technology. That's a lie. FISA has been updated several times.
I'm with Senator Fiengold who states that this is an “egregious power grab that includes broad new powers that have nothing to do with bringing FISA up to date.”
But he claims FISA has not kept up with modern technology. That's a lie. FISA has been updated several times.
Then tell us how FISA has been updated to keep up with modern technology? Of course you can't answer this. But this is just an attempt to side-step your original argument that the Patriot Act negates the need to change FISA, which is demonstrably wrong as I have pointed out.
I'm with Senator Fiengold who states that this is an “egregious power grab that includes broad new powers that have nothing to do with bringing FISA up to date.”
Then if the all-powerful Bush is making some kind of "power grab", what is the motivation for career intelligence professionals such as Mike McConnell (DNI) and Gen. Michael Hayden (DCI) to be insisting that FISA needs to be adapted to current technology? Gen Hayden was the Director of NSA (when Clinton was President) before being the DCI, so you'd think he'd have a pretty good handle on the limitations of FISA.
But he claims FISA has not kept up with modern technology. That's a lie. FISA has been updated several times.
Then tell us how FISA has been updated to keep up with modern technology? Of course you can't answer this. But this is just an attempt to side-step your original argument that the Patriot Act negates the need to change FISA, which is demonstrably wrong as I have pointed out.
Under it's description of FISA, Wikepedia notes: The Act was amended by the USA PATRIOT Act of 2001.
So I was right. FISA was amended by the Patriot Act.
From Summary and Analysis of key sections of the Patriot Act: Second, in several important areas, the Act expands service provider protections (including immunities and good faith defenses) for complying with new or existing surveillance authority, as is the case in FISA wiretaps and disclosures of records. The Act also creates expanded ability for the government to conduct wiretaps, at the request of service providers, of hackers and other "trespassers" on service provider networks.
Greenwald: "In his radio address the following week, this is what the President said about the changes to FISA: The bill I signed yesterday gives intelligence and law enforcement officials additional tools they need to hunt and capture and punish terrorists. Our enemies operate by highly sophisticated methods and technologies, using the latest means of communication and the new weapon of bioterrorism.
When earlier laws were written, some of these methods did not even exist. The new law recognizes the realities and dangers posed by the modern terrorist. It will help us to prosecute terrorist organizations -- and also to detect them before they strike. . . .
Surveillance of communications is another essential method of law enforcement. But for a long time, we have been working under laws written in the era of rotary telephones. Under the new law, officials may conduct court-ordered surveillance of all modern forms of communication used by terrorists."
As I say, he already has all the powers that he needs under the Patriot Act amendments to FISA. He said so himself. The only change he can be trying to make is to the fact that the recent changes, as he himself states, allows "court-ordered surveillance". As Bush has been failing to go to the courts, I suggest the changes he wants to make to FISA are to decriminalise his past criminality.
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