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— POSTED 1/29/08: FISA REPORT —

Summary

After nearly 20 years, Congress this summer passed amendments that modernized the act by expressly granting the President broad authority to use today's cutting edge technology to engage in international surveillance. But now some in Congress want to roll back that authority. That would be a dangerous mistake. The new rules work and provide the right balance between civil liberties and national security. Presently, the President is authorized to surveil foreigners without going to the Foreign Intelligence Surveillance Court (FISC) for permission. Additionally, to protect Americans, the law requires the DOJ to develop and submit to the FISA court a set of procedures the President will use in making determinations of who is a foreigner. Furthermore, the law authorizes the Director of National Intelligence and the Attorney General to require private companies to assist in surveillance of foreign intelligence targets. And finally, the amendments provide those firms a broad grant of immunity from lawsuits as a result of their assistance.

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News & Commentary

"Strike this down" by Horace Cooper for the Washington Times, October 23, 2007

EXCERPT: "In the wake of President Bush's veto of the State Children's Health Insurance Program (SCHIP), Congress is preparing for another showdown with the White House. But this time the dispute won't be over health care spending for children, instead the dispute has consequences for all Americans because it is over which branch of government is best suited to know which ground rules are needed for fighting the war on terror. The specific conflict is over proposed amendments to the Foreign Intelligence Surveillance Act (FISA) but the broader issue is the distinct differences between the Congress and the President when it comes to national security. Undoubtedly Article I of the Constitution provides a robust role for Congress in these matters: Congress has the authority "to declare War, grant letters of Marque and Reprisal, and make rules concerning Captures on Land and Water." Furthermore Congress is given explicit power to fund and organize the military, legislate international rules of commerce and punish piracy. But crucially, its authority is dispersed among the two chambers and its powers are best read as setting policy on broad terms."

"Newsweek chooses sides, again" by John Armor, August 21, 2007

EXCERPT: "In the August 20 edition of Newsweek, there is a column by Jonathan Alter entitled, "I Know What You Did Last Summer." In the guise of reporting facts, it reports instead the personal opinion of Mr. Alter..."

More Information

Department of Justice Web site: FISA 101: Why FISA Modernization Amendments Must Be Made Permanent

EXCERPT: "FISA Amendments In The Protect America Act Of 2007 Remain Necessary To Keep Our Nation Safe: The Protect America Act modernized the Foreign Intelligence Surveillance Act (FISA) to provide our intelligence community essential tools to acquire important information about terrorists who want to harm America. The Act, which passed with bipartisan support in the House and Senate and was signed into law by President Bush on August 5, 2007, restores FISA to its original focus of protecting the rights of persons in the United States, while not acting as an obstacle to gathering foreign intelligence on targets located in foreign countries. By enabling our intelligence community to close a critical intelligence gap that existed before the Act became law, the Protect America Act has already made our Nation safer."