[extropy-chat] Unauthorized domestic surveillance threatens rule of law

[Terry W. Colvin]

[See < http://www.fas.org/irp/program/process/echelon.htm > for a long-existing
program coordinated by the NSA with our Allies. -Terry]


UNAUTHORIZED DOMESTIC SURVEILLANCE THREATENS RULE OF LAW

In an extraordinary move that undermines the legal foundation 
for the conduct of intelligence activities, President Bush 
ordered the National Security Agency to conduct electronic 
surveillance of U.S. persons outside of the statutory framework 
that was established to authorize such surveillance, the New 
York Times revealed last week.

Although the President insisted that his action was "consistent 
with U.S. law and the Constitution," the surveillance operation 
was not conducted in accordance with the Foreign Intelligence 
Surveillance Act of 1978, the statute that permits domestic 
intelligence surveillance with the approval of a specially 
designated federal court.

"Domestic intelligence collection is governed by the Foreign 
Intelligence Surveillance Act, known as FISA," explained Sen. 
Dianne Feinstein (D-CA), a member of the Senate Intelligence and 
Judiciary Committees. "FISA is the exclusive law in this area."

"We have changed aspects of that law at the request of the 
administration in the USA PATRIOT Act to allow for a more 
aggressive but still lawful defense against terror. So there 
have been amendments," Sen. Feinstein noted.

But to conduct domestic intelligence surveillance outside of the 
FISA framework "calls into question the integrity and 
credibility of our Nation's commitment to the rule of law," she 
said December 16. See:

http://www.fas.org/irp/congress/2005_cr/s121605.html

The FISA process is not unduly burdensome or time-consuming. 
"Urgent requests that meet the criteria and requirements of FISA 
are handled as emergency or expedited matters," said the 
Attorney General in a written response to questions from the 
Senate Judiciary Committee, transmitted October 20, 2005.

"The fact of the matter is, FISA can grant emergency approval 
for wiretaps within hours and even minutes, if necessary," said 
Sen. Feinstein.

In a 2000 statement describing oversight of NSA activities, 
then-NSA Director Lt. Gen. Michael V. Hayden said "The American 
people must be confident that the power they have entrusted to 
us is not being, and will not be, abused."

NSA "operates within detailed, constitutionally-based, 
substantive, and procedural limits under the watchful eyes of 
Congress, numerous institutions within the Executive Branch, and 
-- through the FISA -- the judiciary."

"The privacy framework is technology neutral and does not 
require amendment to accommodate new communications 
technologies," he said.

"The regulatory and oversight structure, in place now for nearly 
a quarter of a century, has ensured that the imperatives of 
national security are balanced with democratic values," Gen. 
Hayden said then. See:

http://www.fas.org/irp/congress/2000_hr/hayden.html

Under mounting pressure, the Bush Administration has groped for 
some legal justification for its departure from statutory 
requirements.

Attorney General Alberto Gonzales proposed today that the 2001 
congressional resolution authorizing the use of "all necessary 
and appropriate force" against terrorists encompassed the right 
to conduct domestic wiretapping.

But that resolution plainly pertains to the use of military 
force, not intelligence collection.

Nor do the President's inherent authorities as commander in 
chief extend without limitation to warrantless surveillance of 
Americans.

"A state of war is not a blank check for the president when it 
comes to the rights of the nation's citizens," wrote Justice 
Sandra Day O'Connor in a ruling last year on the legal rights of 
detainees.

For background on the Foreign Intelligence Surveillance Act, 
see:

http://www.fas.org/irp/agency/doj/fisa/index.html


-- 
"Only a zit on the wart on the heinie of progress." Copyright 1992, Frank Rice


Terry W. Colvin, Sierra Vista, Arizona (USA) < fortean1 at mindspring.com >
     Alternate: < fortean1 at msn.com >
Home Page: < http://www.geocities.com/Area51/Stargate/8958/index.html >
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