House Passes Controversial Domestic Spying Bill

Fri. June 20, 2008; Posted: 02:46 PM

(RTTNews) - The House passed a controversial update to the Foreign Intelligence Surveillance Act Friday, approving the most sweeping overhaul of the act since it was originally passed on 1978.

The update passed 293 to 129, ending months of bitter debate over the power of government intelligence. The agreement allows the government to spy on people within the United States and provides legal immunity to companies like Verizon Communications Inc. (VZ | Quote | Chart | News | PowerRating) and AT&T Inc. (T | Quote | Chart | News | PowerRating) following their compliance with the National Security Agency in granting access to phone records without customer's permission.

The overhaul also allows the U.S. government to eavesdrop on its citizens without a warrant as well as allowing for surveillance on U.S. to overseas calls, although only to collect intelligence on matters of national security.

The compromise has support from both the White House and the telecommunications providers, who face up to 40 lawsuits related to their involvement in the program. It includes a provision that allows a federal district court to review the legality of granting the companies immunity after they aided the government in the wiretapping program. In the wake of the 9/11 attacks the NSA spy program eavesdropped on conversations without an order from that secret court.

The compromise also insists on an inspector general review of the FISA program and sets an endpoint for the program of 2012.

Although it garnered enough Democratic support to pass, with 105 Democrats supporting the legislation, there were still 128 Democrats who voted against the measure. In addition, one Republican representative, Timothy Johnson of Illinois, voted against the bill.

President Bush urged Congress to approve the measure earlier in the day. He said that the overhaul would "allow our intelligence professionals to quickly and effectively monitor the plans of terrorists abroad while protecting the liberties of Americans here at home."

The Senate is expected to pass the bill next week.

News that the bill had passed sparked some sharp reactions from liberal Democrats and the American Civil Liberties Union. Caroline Fredrickson, director of the ACLU's Washington Legislative Office, issued a statement comparing the passage of the legislation to "Christmas morning at the White House."

"Watching the House fall to scare tactics and political maneuvering is especially infuriating given the way it stood up to pressure from the president on this same issue just months ago," Fredrickson said in a statement. "In March we thought the House leadership had finally grown a backbone by rejecting the Senate's FISA bill. Now we know they will not stand up for the Constitution."

Fredrickson described the role of the courts as "superficial at best," adding that Democratic leaders participated in the "wholesale giveaway of our Fourth Amendment rights."

"The fate of the Fourth Amendment is now in the Senate's hands," she added. "We can only hope senators will show more courage than their colleagues in the House."

Senate Judiciary committee chairman Patrick Leahy responded to the legislation Thursday, describing it as a bill he cannot support.

"This bill would dismiss ongoing cases against the telecommunications carriers that participated in that program without allowing a judicial review of the legality of the program," the Vermont Democrat said. "Therefore, it lacks accountability measures that I believe are crucial."

However, Leahy acknowledged that if the bill should pass, he would work with the next administration "to make additional improvements."

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