House Passes Unsuitable FISA Bill

Bill Smith, ARRA Editor: Yesterday, the US House's defiant Democrat leadership promoted a divided house that passed, 213 to 197, its version of the update to Foreign Intelligence Surveillance Act of 1978. The House version conflicts with a passed previous version by a significant majority (68-29) in the US Senate. The house version does not agree with the recommendations for the bipartisan Senate Intelligence Committee. As Reported in the Washington Post, the House version would:

[E]xpand the powers of intelligence agencies to eavesdrop on terrorism and spying suspects and keep pace with ever-changing communications technologies. But it would challenge the Bush administration on a number of fronts, by requiring upfront court approval of most wiretaps, authorizing federal inspectors general to investigate the administration's warrantless surveillance efforts, and establishing a bipartisan commission to examine the activities of intelligence agencies in the wake of the Sept. 11, 2001, attacks.

Most provocatively, the House legislation offers no legal immunity for past actions by phone companies that participated in warrantless wiretapping and are now facing about 40 lawsuits that allege they breached customers' privacy rights. Instead of granting the firms immunity, as the Senate bill would, the measure would send the issue to a secure federal court and give the companies the right to argue their case using information the administration has deemed to be state secrets.

Last month with bipartisan support, the US Senate passed (68-29) FISA with an immunity provision for companies that were asked to aid the US Government in its war on terrorism and monitoring calls from suspected international terrorists passing through or to the United States. By not granting immunity, telecommunication companies are unwilling to cooperated with Federal agencies due to trial lawyers in the U.S. seeking legal action and large settlements and due to individuals and groups trying to block all avenues of surveillance in the United States of international terrorists. It is amazing that these groups claiming to be working to protecting privacy rights are by their very actions evidencing a willingness to accept terrorist attacks on Americans, American property, and our military both in the United States and in other countries rather than to allow required surveillance of terrorist calls originating from outside the United States in an rapid and efficient manner.

With the House and Senate Democrat leadership both in agreement to oppose the President, in an election year, it is unlikely that the Senate and House will conference on FISA legislation. It is doubtful our country will see FISA reform during President Bush's remaining time in office unless he compromises his requirements for FISA reform. Although the administration still has the means of seeking warrants to wiretap, actions by the US House will most likely promote more judicial activism that will slow the process and place American, American lives, and American interest at risk both within the United States and abroad. It appears that Pelosi's Motto: "Terrorists & Trial Lawyers Win" will reign as long as liberals verses Blue Dogs democrats continue to control the Democrat leadership in the US House and US Senate.

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