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5 Things Specter Won’t Say about Cheney-Specter Spying Bill

5 Things Specter Won’t Say about Cheney-Specter Spying Bill

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  1. The Cheney-Specter bill makes following the protections in the Foreign Intelligence Surveillance Act totally optional. The bill would change the law so that foreign intelligence surveillance of Americans could be conducted without following FISA’s requirement of individualized judicial review of wiretaps. The bill would change the law to allow the president to ignore FISA’s protections and unilaterally decide which Americans to wiretap, indefinitely and without any mandatory check to protect individual rights. The bill also gives President Bush support for his currently untenable argument that FISA does not apply in wartime by deleting the provisions saying FISA does apply in wartime. If the bill passes, presidents will have multiple avenues to circumvent the statute, rendering moot its protections for Americans’ civil liberties.
  2. The Cheney-Specter bill does not require President Bush to get a warrant for every wiretap of every American currently subject to the NSA’s illegal warrantless wiretapping. President Bush’s so-called “concession” to submit a “program” to the FISA court to approve is not required by the bill—it’s conditional. Only if the bill passes exactly as it was written by the White House or with additional White House changes has President Bush “promised” that he will submit one of his secret surveillance programs to the FISA Court. Nothing in the bill requires him to do so, and the Cheney-Specter bill has stacked the deck so that the court will hear only the administration’s arguments and is directed to approve surveillance without ever knowing the name of every American wiretapped and any facts supporting such surveillance. Nothing in the bill requires any future president to get approval of programs of surveillance let alone actual warrants based on evidence a particular American is conspiring with al Qaeda.
  3. The Cheney-Specter bill legalizes President Bush’s illegal spying although Congress doesn’t really know all that he has directed the NSA to do regarding people in the US. The bill rewrites FISA to legalize the surveillance President Bush is currently conducting in defiance of the law. Yet, the administration has stonewalled congressional attempts to learn the true scope and nature of all of the illegal surveillance the administration has secretly authorized. Specter, himself, has called President Bush’s NSA program illegal “on its face,” yet his bill provides statutory power to do more than the president has admitted and it expands the NSA’s power to search Americans’ calls, e-mails, and homes without any warrant under FISA.
  4. The Cheney-Specter bill allows law enforcement to enter Americans’ homes and offices without a warrant. Landlords, custodians and “other people” would be required to let law enforcement officers to access Americans’ computers and telephones, and no warrant is required, simply government say-so—under the expanded powers in the bill. This measure flies in the face of the Fourth Amendment protection against unreasonable search and seizure.
  5. The Specter bill does not enforce the Fourth Amendment’s requirement that no warrant shall issue but upon probable cause stating with particularity the things to be searched and seized. Specter’s bill so broadly redefines whom can be spied on without a warrant that countless Americans would be subject to secret NSA surveillance. All international phone calls and emails would be subject to warrantless surveillance under the bill’s changes to the law. Plus, emails and other Internet traffic would be subject to monitoring if the government did not know the physical location of every recipient of an American’s email. Furthermore, the bill creates a new type of generalized surveillance power, which, while it requires court approval, does not require the government to identify each target in the US, the basis for such surveillance or the method of monitoring each American—wiretaps, bugging or other devices. Under this exceedingly low threshold, the NSA could win approval for conducting surveillance of countless Americans while keeping secret from the courts and Congress who is being monitored and even whether the spying approved actually helps protect against terrorism.

A federal judge has already ruled that the Bush administration’s warrantless surveillance program violates the Constitution and must stop. But instead of listening to the judge, the White House and its allies are continuing to pressure Congress for new, expanded and unchecked government spying powers. Help convince Congress to support the rule of law, not limitless executive power.

Take action! Tell your members of Congress to oppose the Specter-Cheney Bill and other dangerous proposals that threaten your rights.

(ACLU – American Civil Liberties Union)

Illegal domestic spying is BIG, BIGGER, BIGGEST

Illegal domestic spying is BIG, BIGGER, BIGGEST

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George Bush has overturned the United States Signals Intelligence Directive 18, which prohibits domestic spying by NSA. He has violated the federal act which created the FISA court to oversee covert domestic investigations. He has disregarded the Fourth Amendment guarantee against warrantless searches.

Now, the story continues… Just yesterday, in a galaxy right here, it was reported in USA Today that the National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth in the largest database ever created. This includes all calls that originate and terminate within U.S. borders – except for the lucky customers of Qwest (Qwest said no to the NSA, fearing legal problems if sanity ever returns to this country). For how long? Since at least 2001, under secrecy and then under the lies Bush and others were telling about the extent of the spying.

The NSA’s domestic program, as described by sources, is far more expansive than what the White House has acknowledged. Last year, Bush said he had authorized the NSA to eavesdrop — without warrants — on international calls and international e-mails of people suspected of having links to terrorists when one party to the communication is in the USA. Warrants have also not been used in the NSA’s efforts to create a national call database.

In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. “In other words,” Bush explained, “one end of the communication must be outside the United States.”

As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private.

Sources, however, say that is not the case.

Lies lies and more lies.

Please join me and call on the House and Senate today to issue subpoenas and expose the extent of this intrusion.

Although Bush said today that our government was “not mining or trolling through the personal lives of millions of innocent Americans,” I’m not sure what else you could possible call a huge secret database of domestic telephone calls, especially when considered along with the “vacuum cleaner surveillance” of e-mail messages and Internet traffic being done by NSA personnel in at least one AT&T building.
(San Francisco – anyone gonna go check? You’d think they’d do it in Texas…)

They’ve also managed to kill the investigation into the illegal spying – smells like coverup to me:

The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers the necessary security clearance to probe the matter.

Air Force Gen. Michael Hayden headed the NSA from March 1999 to April 2005 – yup, he’s the very guy who directed warrantless surveillance of American citizens. Now, he will head the CIA unless some congresspeople actually care about our constitutional rights, not to mention the takeover of a civilian institution by military interests. Block this guy, wouldja? Having himrun the CIA is almost as much of an insult as tolerating “Death-Squad” Negroponte as Director of National Intelligence. I never thought I’d find myself defending the CIA, but they have been trashed by Porter Goss under Bush’s direction. Now we are to approve a military takeover of this civilian institution? When will we stand up for our own freedom, democracy, and civil rights? Who will stand up for the interests of all Americans in these dark days? Here are some of Hayden’s comments on the matter, although he’s dodging the issue as much as he can. (It’ll be a little harder now to dodge, I hope).

It is not a driftnet over Dearborn or Lackawanna or Freemont grabbing conversations that we then sort out by these alleged keyword searches or data-mining tools or other devices that so-called experts keep talking about.

This is targeted and focused. This is not about intercepting conversations between people in the United States. This is hot pursuit of communications entering or leaving America involving someone we believe is associated with al Qaeda. We bring to bear all the technology we can to ensure that this is so. And if there were ever an anomaly, and we discovered that there had been an inadvertent intercept of a domestic-to-domestic call, that intercept would be destroyed and not reported.

Yeah, right.

So, let’s have it:

The BUSH LIE LINEUP in the “Official Response from the White House” today- all in one place!

First, our intelligence activities strictly target al Qaeda and their known affiliates. Al Qaeda is our enemy, and we want to know their plans.

Collecting all possible domestic communications with a dragnet is not “targeted” to al Qaeda, nor to their “known affiliates.”

Second, the government does not listen to domestic phone calls without court approval.

He has already admitted that if one party is outside the US, there has been no oversight. I would even speculate that with the sound-compression technology available today, all of our conversations could actually be in the process of being stored in their entirety – why else create the largest database in the world? It could be done, and I’ll wager that it is being done. The NSA’s secret domestic eavesdropping program was not reported under the requirements of either Title III or FISA – the agency’s budget is unknown.

Third, the intelligence activities I authorized are lawful and have been briefed to appropriate members of Congress, both Republican and Democrat.

They are not lawful just because he wants to make us think they are lawful, nor have all appropriate members been briefed. Moreover, Congress needs more than selective “briefing” – they need to vote to approve any such actions because NO domestic surveillance is lawful outside of what Congress has specifically approved.

Fourth, the privacy of ordinary Americans is fiercely protected in all our activities. We’re not mining or trolling through the personal lives of millions of innocent Americans. Our efforts are focused on links to al Qaeda and their known affiliates.

Then why do they need a database of DOMESTIC calls? How does that “fiercely protect” our privacy? Their efforts are clearly directed at us, you and me, Americans.

This is not a kindly Empire, this country that was formerly a beacon of freedom and democracy, and we seem to be missing some essential Jedi knights. You laugh at the metaphor, perhaps, but you know what is meant. The metaphor collapses, of course, since there seem to be quite a few Sith roaming about (not just the master and his apprentice). Go back and look at the arguments for the illegal spying – now try to fit in the idea we are all under surveillance by our own government. This is profoundly anti-American.

It is not targeted only for known al Qaeda terrorists and their associates. It is not limited by location. There is no Congressional or Judicial (or even economic?) oversight. There has been no vote by Congress or by the American people to allow this overturning of our system.

The so-called right is so very wrong.

I have some hope that the upcoming elections may put some into the position of actually having to think about what they can say to their constituents. They seem to think we’re very very stupid.

Personally, I’d like to see most of Congress thrown out on their butts. I have confidence in only a handful of them. Any who have allowed these things without public protest need to go, too.

Put the voting apparatus back into the hands of the people.

“If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. I don’t want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency [NSA] and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”
Senator Frank Church, 1975

Congress needs to investigate this government intrusion — immediately. Please demand that the House and Senate issue subpoenas and expose the full extent of this program against the citizens of the United States of America.