Senate Hearing on Protect America Act and FISA Changes

Yesterday the Senate Judiciary Committee held a hearing titled, "Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security?" During the hearing Director of National Intelligence Michael McConnell testified and generally spoke very carefully in response to proposals to change legislation, as he did last week before House committees. CQ ($$) reports; "Democrats made it clear Tuesday that they do not intend to be stampeded [again] into passing new legislation on the government's authority to conduct surveillance for counterterrorism purposes." With a guarded disposition, McConnell "underscored three things the administration wants to be included in the next bill: the ability to surveil, without a warrant, communications that pass through the United States between two points overseas; a provision to 'compel the private sector' to cooperate with government surveillance and provide liability protection for companies that have cooperated; and a warrant requirement for surveillance of targeted U.S. citizens located in the United States." With the same cautious nature, McConnell also appeared somewhat open to changing several key provisions of the Protect America Act. Senator Patrick Leahy (D-VT) commented, "The Protect America Act provides no meaningful check by the FISA Court, or by the Congress, for that matter. It does not even require the government to have its own internal procedures for protecting the privacy of these Americans. As I said, it may be a spouse calling from here to a husband or wife who's overseas protecting America." Yet the administration still has not provided the committee with legal documents about its warrantless spying activities, making updating FISA difficult. McConnell was sure to note that he is not involved in negotiations over what documents the White House will provide Congress. And from the latest Watcher, Wiretapping Law the Focus of House Hearings. Act Now and Stop Unlimited Wiretap Authority!
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