Skip to content

Black Shards Press

Forgetting Past Mistakes is to Repeat Them

Menu
  • Home
  • Novels
    • Liberty First Novels – The Recognition Saga
      • Recognition Free Chapters
  • Short Stories
  • Op-Ed Blog
  • About
Menu

Progressives Hold Up FISA Modifications?

Posted on October 5, 2007October 5, 2007 by marc

Earlier today the Huffington Post reported that the Democratic leadership in the House postponed announcing a new set of proposed changes to the Foreign Intelligence Surveillance Act after progressive lawmakers promised to fight legislation that omitted their “principles on wiretapping that preserve the ‘rule of law.'”

Steny Hoyer, the House Majority Leader, had planned to announce the 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.

The progressive’s principals are reportedly these that follow. My comments are below each in italics.

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.

Yes, this is an appropriate and admirable principle. By definition a foreign intelligence act should target foreigners; more specifically it should be directed toward those who conspire to harm Americans and American interests.

Should the U.S. government wish to enact an intelligence program targeting American citizens it should do so in the form of a new law, perhaps one titled the Domestic Intelligence Surveillance Act, if such truthfulness in legislation is allowed in Congress these days.

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.

Also a true and admirable statement, for the most part. Certainly the government should follow the rule of law regarding warrants, wiretaps, and other intelligence gathering mechanisms.

Disclaimer: This is not a legal opinion but one of principle.

It’s worth noting that no law is unambiguous and FISA is no exception to that rule. Glamorizing its previous incarnations is no way to debate the current one which must stand or fail on its own merits. But I do think that it’s important to have a single definition of what is legal; the last thing the legal system needs is a series of contradictory and overlapping set of laws governing foreign intelligence gathering.

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.

Yes, FISA should be modernized to address the specific needs of current and future technologies. All American laws relating to telecommunications should be updated in this manner.

However, foreign communications that are routed through the U.S. should not automatically be exempted from the purview of FISA. Exemptions could perhaps be negotiated on a nation-by-nation basis but a blanket rule is too limiting.

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.

I agree that the nation’s intelligence gathering organizations, as honorable as they may be, should be subject to the control of elected officials. FISC members are appointed, which is not quite the same thing. But the court is better than no oversight at all.

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.

As above, the FISC court should be accountable to elected officials.

The term “U.S. persons” is vague – too vague to support as-is; further clarification is needed. While discriminatory it seems prudent to me to apply different standards to citizens and non-citizens vis-a-vis surveillance and what is permitted.

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.

Once again the term U.S. person is too generic and should be specifically defined in the law.

In principle I agree that the FISC should be consulted before surveillance can be performed against a U.S. citizen. However, there remains a question as the what standard the FISC will apply before granting a warrant for continued surveillance. Probable cause? Suspicion?

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.

In my opinion the telco companies should not be penalized for complying with the government. Given the regulated nature of their business it is inevitable that they will cooperate, one way or the other. Why penalize them for succumbing to the inevitable?

It is not the job of business, nor is it possible for them, to regulate the government. That responsibility lies with us, the people, and our elected officials.

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.

Absolutely. As I’ve said here before, there is no justification for making permanent any domestic surveillance that is justified because of a state of war. Wars end and this state is necessarily temporary. The reduction in privacy (and thus liberty) caused by temporary measures must be considered to be the exception, not the norm. As such, continued affirmation of the reduction should be required for it to continue.

I don’t believe that all of the progressive’s demands are good ones – far from it. But the majority of the points they demand in their manifesto are at least reasonable and deserve to be debated in the full view of the public eye, blind as that may be.

Categories

  • Abortion
  • Afghanistan
  • Africa
  • Age Issues
  • Agriculture
  • Book Reviews
  • Business
  • Celebrities
  • Child Care
  • Christianity
  • Cinema
  • Communism
  • Conservatism
  • Crime
  • Death Penalty
  • Democracy
  • Denmark
  • Discrimination
  • Drugs
  • Education
  • Energy
  • England
  • Environment
  • Evolution
  • Family Values
  • Finance
  • France
  • Free Speech
  • Gay Rights
  • General News
  • Gun Control
  • Health
  • Holocaust
  • Humor
  • Immigration
  • India
  • Iran
  • Iraq
  • Islam
  • Israel
  • Justice
  • Korea
  • Law
  • Liberalism
  • Libertarianism
  • Literature
  • Media
  • Medicine
  • Men's Rights
  • Mexico
  • Middle East
  • Military
  • Music
  • My Tweets
  • National Security
  • Pakistan
  • Parenting
  • Personal
  • Philosophy
  • Political Correctness
  • Politics
  • Privacy
  • Race
  • Religion
  • Right to Die
  • Russia
  • Saudi Arabia
  • Science
  • Site News
  • Society
  • Space
  • Sports
  • Stupidity
  • Taxation
  • Technology
  • Term Limits
  • Terrorism
  • Texas
  • Transportation
  • Turkey
  • Unions
  • Venezuela
  • Welfare
  • Women's Rights
  • World
  • Youth

Archives

  • February 2025
  • March 2022
  • January 2022
  • December 2021
  • October 2021
  • January 2021
  • November 2020
  • March 2020
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • May 2016
  • April 2016
  • March 2016
  • March 2015
  • December 2014
  • October 2014
  • September 2014
  • January 2013
  • December 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006
  • February 2006
  • January 2006
  • July 2005
  • June 2005
  • May 2005
  • June 2004
  • December 2003
  • November 2003
  • October 2003
  • September 2003
  • August 2003
  • July 2003
  • June 2003
  • May 2003
  • April 2003
  • March 2003
  • December 2002
  • November 2002
  • October 2002
  • September 2002
  • August 2002
  • July 2002
© 2026 Black Shards Press | Powered by Minimalist Blog WordPress Theme