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Thursday, January 31, 2008

Protect America Act: does it or doesn’t it?

By Rebecca Carr | Thursday, January 31, 2008, 04:08 PM

The clock is ticking on legislation that would expand the power of the federal government to conduct electronic surveillance here and overseas.

The American Civil Liberties Union is running an ad blitz and working behind the scenes to pressure lawmakers to stop the controversial bill in its tracks.

Caroline Fredrickson, director of the ACLU’s legislative office, said in an interview today that the civil liberties group is determined to kill the bill. The Senate could take up the measure as early as next week.

“We are feeling good about the numbers,” Fredrickson said. Citizens are jamming phone lines and blanketing Capitol Hill to express opposition to the bill and the ACLU is reaching out to new partners to lobby against it, she said.

The aim of the bill is to bring President Bush’s secret terrorist surveillance program within the confines of the 1978 Foreign Intelligence Surveillance Act.

Bush is pressing hard for the surveillance powers because he says it will deter future attacks.

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The bill is controversial because it allows the federal government to eavesdrop on foreign targets without a warrant from the secret FISA court even if they are calling the United States.

In addition, it provides telephone companies with legal cover from pending lawsuits for participating in the president’s program after the Sept. 11, 2001, terrorist attacks without a court warrant as FISA requires.

One key agreement being negotiated is which Senate amendments will require a 50-vote threshold, and which will require 60 votes, Fredrickson said. The ACLU urges a 50-vote threshold on key amendments authored by civil liberties champions Senators Russ Feingold, D-Wis., and Christopher Dodd, D-Ct.   “The Bush administration is clearly worried that if the telecoms have to defend themselves in court, the truth will come out about how much illegal spying the president actually ordered,” Fredrickson said.

Consumer groups and ethics watchdogs recently sent a letter to Majority Leader Harry Reid, D-Nev., asking that the Democrats hold the telecom industry accountable.

“The only way to restore the trust of American customers-and American citizens -is to hold the telecommunication companies accountable when they collude with the government to spy on ordinary Americans.”

But the Bush administration is equally determined to pass legislation.

“If these terrorists and extremists are making phone calls into our country, we need to know why they’re calling, what they’re thinking, and what they’re planning,” said Bush, today as he signed a 15-day extension of a measure that temporarily extends the law.

“In order to protect the American people, our professionals need to have the tools necessary to do their job you expect them to do,” Bush said. “And one such tool is a surveillance program that guarantees the rights of our citizens, but doesn’t extend those same guarantees to those who would do us harm.”

“I expect members from both political parties to get this work done so our professionals can protect the American people,” Bush said.

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