Senate Passes FISA Bill, Gives Telecoms Immunity

Bowing to President Bush's demands, the Senate sent the White House a bill Wednesday overhauling bitterly disputed rules on secret government eavesdropping and shielding telecommunications companies from lawsuits complaining they helped the U.S. spy on Americans.

The relatively one-sided vote, 69-28, came only after a lengthy and heated debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks. It ended almost a year of wrangling over surveillance rules and the president's warrantless wiretapping program that was initiated after the Sept. 11, 2001, terrorist attacks.

The House passed the same bill last month, and Bush said he would sign it soon.

Opponents assailed the eavesdropping program, asserting that it imperiled citizens' rights of privacy from government intrusion. But Bush said the legislation protects those rights as well as Americans' security.

"This bill will help our intelligence professionals learn who the terrorists are talking to, what they're saying and what they're planing," he said in a brief White House appearance after the Senate vote.

* * * * * *

The LA Times reported in late June that only 23 percent of registered voters approved of the job the President is doing:

Seven months before the end of his term, President Bush's approval rating is at an all-time low.

In the just-released Los Angeles Times/Bloomberg Poll, the president won approval from 23% of all registered voters -- including 3% of Democrats and 58% of Republicans. Those numbers are down from February, when he had an approval rating of 35%. His high mark, according to the poll, was in November 2001, just after the 9/11 terror attacks, when the president's popularity rating among registered voters was at 85%.

* * * * * *

Sen. Barack Obama voted for the compromise while Sen. Hillary Clinton voted against it.

Watch a video about the money trail surrounding the bill from the American News Project. Read more about the bill here.

Comments

[MsLiz]

Sure is a lot of uproar on Huffington Post about this issue. Our article did a poor job of telling us what the act does. The NY Times did a little better this morning.

http://www.nytimes.com/2008/07/10/washington/10fisa.html?_r=1&th&emc=th&oref=slogin

I have decided to get over it. If we get Obama into the White House and solid Democratic majorities in Congress, we will be in a position to do so much.

I dug up my post from last night which asked how we could condemn immunity for past acts which would be legal under the new law. No one responded.

[Lemeritus]

I'm not sure I understand your question, MsLiz. Clearly, the new FISA law grants civil immunity to telecoms if they can provide "formal requests or directives from the administration to take part in the program" (which, to my lay mind, is the same as saying "when the president does it that means that it is not illegal"). The fact that our rights to proceed civilly have been abrogated should not annul our right to criticize the law. "It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error." Robert H. Jackson, American Communications Association v. Douds,339 U.S. 382,442. (Wasn't Jackson one of the Nuremberg judges?)

I'm a little punch-happy over the whole FISA debate. I know where I stand (I think). Perhaps I misunderstood your question. I am not content to say simply that Obama must be elected because then we will be "in a position to do so much". I am willing, however, to urge everyone to support Obama for the sake of the Supreme Court which, I feel, will be the final arbiter concerning this law.

[lornejl1]

What's good for G.M. is good for America, this is just a modern version of that old propaganda line.

[DangerWillRobinson]

I foolishly believed there would be a last minute filibuster, or some kind of Ah- ha, Hail Mary run around that would banish this bill forever.

What a bunch of Pu&&ies.

Get Nancy Pelosi and the rest who voted for this bill out of there and put in some Democrats who still believe in the constitution.

[ouroborous]

You know that one of those Democrats was Obama, right?

But yes, I agree with you. I was hopeful -- and fearful -- right up until the last moment.

[jdenham]

Lets place the Blame where it is really deserved on the Democratic Leadership who allowed this bill to come to the floor for a vote. Nancy Pelosi, Stenny Hoyer, and Harry Reid should lose their jobs and their seats. Senator Obama might want to get part time job to make up for the money I wont be sending him.
Any Republicans out there hoping to get a vote from this, I wont be voting for one member of the Republican party local, state, or federal. Unless you are up against Nancy Pelosi, Stenny Hoyer, or Harry Reid.
I also suggest that anyone disturbed with this Immunity might want to see what services you do not need from the Telecoms. Personally I no longer need Verizon to supply me with a home phone and when my cell phones are due for a new contract ATT will be hearing from me.
And thank God for the Democrats that voted against this Bill, I will be supporting you.

[Enid]

Try Consumer Cellular .com forget the rest.

[Ramirez]

Consumer Cellular is an NSA front.

[dill]

Forget about AT&T. They were one of the most willing communication companies to comply with Bush and his thugs . Just wish we had an alternative to AT&T for our landline but they have a monopoly in this area since they bought out BellSouth.

[LongBeachDave]

Try Working Assets.

Or do what I did...move to South America...here, we only pay for the cell phone calls we make, not for the ones we receive...

[mtrav]

It's official. Obama flopped, big time on this one. Is that what you call LEADERSHIP? His first real opportunity to show some of it, and we get? NOTHING!

[MsLiz]

Yes, it is. The opposite of Followship.

[uhappytoo]

Agreed. But it's more than a lack of leadership. He has shown how easily he can be rolled. So what's left to trust? Once a lie is told, how can we ever know that he's telling the truth?

[NoBo08]

If his lips are moving, he is lying.

[olivia]

Watch this PBS documentary:
http://www.pbs.org/wgbh/pages/frontline/homefront/

They have been archiving all your phone calls and internet activity for years. It's all stored away, ready to be data mined if they decide they want to get you.

[Oldtt]

But remember, if you're not a criminal or traitor you have nothing to fear.

[buckygreen]

Thats eerily reminiscent of what the Nzis told the Good Germans.

[DanteForClinton]

It is what they do with the data that is concerning. There is NO way to stop people or the government from collecting data. If you think only the government is doing this ....

And the government may one day side with others who collect data. Thanks Obama, thanks.

[olivia]

For years now, every word spoken over a telephone, every keystroke you type while on the internet, is backed up and archived and can be data mined in the future.

PBS did a special on it. I found the tape at my library. I'll try to find out the name and post it here.

The legislation and the reality have little to do with one another. They've been doing whatever they want for years, illegally.

[olivia]

"Spying on the Home Front"

You can find it online.

[victoria]

I guess this is no longer headline news here. Had to use search feature to find this article.

[ouroborous]

Don't worry, it will become headline news again when the Obama camp wonders publicly why they just can't seem to raise as much money or get as many people active anymore.

The amusing thing is, I'm sure they won't get the connection between their betrayal and our lack of enthusiasm, if the "get over it" responses of so many HuffPo posters is any gauge.

[Bearangaria]

Perhaps the last nearly 8 years of horrific administrative
civil thefts and constitutional outrages have left me untrusting.
I've heard no clear explanation as to why this bill, as written,
was passed. The protections needed against terrorist access
did not require this extensive of a measure nor the complete
cave in by Dems so, "Why?"
How does this bill, giving unlimited, silent, secret
access to your average Andy's phone and emails,
benefit our country?
Perhaps the Dems want the same facilitation to illegal, personal,
unnecessary information that the Republicans enjoyed over
the country during their reign. It smacks of fear and political cronyism.
It smacks of money.
Not passing a bad bill is far easier than trying to rectify it once
it's been enacted.
Why did the Senate not protect our 4th amendment rights?
Who benefits? Not this country.
But then, given the economy, there may be no shortage
of folks applying to "listen in" for a paycheck.

[stargazer13]

A long line of abuses I am so tired of my rights being abused .no knock warrants
suspected activity ( I can suspect too you know ) free speech zones ,torture
sexual abuse by our own armed forces I saw the pictures from the prison disgusting and very un American .rendition billions missing and no body knows where the money went .calling our own people refugees in there own country , outing a C.I.A. undercover agent ,Calling our constitution a god da== piece of paper (that right there is grounds for impeachment ) is it not ? refusing to give aid to Katrina victims . NO water for five days that is abuse my fellow Americans and considered to be torture
in my book to many abuses to list my heart breaks when I think about our forced slavery

IN THE FALL FIRE THEM ALL OR RECALL THEM FROM THERE POST AS REP AND SENATOR

[NoBo08]

Wow! All that happened to you?

[LongBeachDave]

Easier to imagine now than it was yesterday.

[djk37]

Does anyone know about the legislation that will give the Bush administration retroactive immunity from facing war crimes for torture? If so, do you think that there is a good chance it will be passed by the Congress?

[NoBo08]

No legislation will be necessary.

[Lemeritus]

Sad but true.

[ThunderclapNewman]

There is no such legislation.
There never will be.

[NoBo08]

Well Thunderclap, you agree with me.

[ouroborous]

I believe that that would be an ex post facto law, and I believe that that would be clearly unconstitutional.

Of course, H.R. 6304 was unconstitutional too, as we'll soon find out...

[optiquest]

I thought all you "progressives" identified GW Bush as a moron.......why is Pelosi and Reid follwing in his footsteps? I can only conclude that they are morons as well.

Wait? Barry Obama, the messiah, was in favor of the bill? We can conclude he is a moron to> ?? According to that "progressive" logic? Barry hasn't got a clue what he got into.

[NoBo08]

There are plenty of Rons, we don;t need more Rons.

[ThunderclapNewman]

Yes, we already have you.

[Oldtt]

Are "progressives" starting to think they've been suckered? Not quite yet, but soon.

[ThunderclapNewman]

Shouldn't you be out looking for a clue?

You certainly don't have one now.

[AKJM]

Oh, I think he's on to something.

[olivia]

Is everything in the world so very simple for you?

[ThunderclapNewman]

He's simple, so his world view is, too.

[BBackSoon]

They started spying on Foreign Communications before they had the law on their side. Now they have that, what makes you think they have not started spying on everything now? Every communication device that we have will now be monitored especially domestic communications.

If BO is actually thinking of making any changes to our government, and I now have some doubts he will never see office. This helps explain how the Repugs can let McSame be the presumptive candidate. He is either a puppet or there will be no new president ever again.

The fix is in because Domestic Spying equals blackmail. Perhaps that is how they got this travesty passed? How many Senators DON’T cheat on their wives or their taxes or DON'T have some other skeletons in their closets? I would have to say about 28 out of 100.

Dark times are coming. You can almost hear the Blackwater tanks in the streets.

[donjoe4]

here here..i keep saying the same thin but huffo keeps blocking it...

[donjoe4]

see they just did it

[ThunderclapNewman]

The laws governing domestic wiretaps and spying have not been changed one iota by the FISA bill.

The requirements for warrants and probable cause are still in force.

Put down the tin foil and back away slowly so you don't hurt yourself.

[Bjarni]

You are right, they can only start spying on you before they get their warrant, and if they don't get their warrant they can appeal it and keep spying while the case is re-tried. so in essance they can spy on you for up to 90 days before they need to have a legal warrant with probable cause. Ohh, and any information they get during the time they are getting their warrant can be used as grounds the warrant is needed.
Man, lucky us that FISA is there to protect us.
I thought you said you read the bill ? Doesn't count as reading it by reading what the Neocon's say is in the bill.

[Lemeritus]

Well... yes... and no...

The new FISA law removes the Constitutional requirement of "particularity" -- warrants are issued in bucket or blanket form (actually diminishing the oversight of the FISC). You may argue (perhaps even convincingly) that this does not impact US citizens (or "US persons") but the act actually anticipates such impact by requiring an annual report from the Inspector General on those "US persons" entangled . The act makes NO PROVISION for redress for people so impacted, does not require destruction of information thus harvested, and does even require that the person be notified of their unintentional involvement (the operative weapon for misuse in the act is the word "intentional").

I think we will probably learn a great deal more as the law wends its way to the Supreme Court, but from where I sit "probably cause" has already taken a pretty bad beating.

[BBackSoon]

There is no such thing as Tin Foil, it is Aluminum Foil and that isn’t going to do much good.

Go ahead call me names, make the cracks about being a whack job but the facts are that this administration has ran past each and every line that has ever been drawn as to check the power of the President. They only respond when forced and even then rely on National Security or Executive Privilege. So they are already watching all of us. It is just a matter of time before they use what they gather.

Just let me add, I hope I am crazy because there is no way that this is happening in our country.

[Bjarni]

There is a March on Washington Happening this coming Saturday by people that want liberty and freedom.
http://www.youtube.com/watch?v=qjauAv6I-E8

[ThunderclapNewman]

Everyone will feel so self-righteous and smug---and it won't change a thing.

[Bjarni]

So it's better to lie down and take it rather than do something that "may" inspire some action?
No wonder things are going down hill when people have that attitute.

[deadbolt]

Why are you so against people taking action on this issue. Serious crimes are being covered up by this legislation. Our government is doing nothing short of selling us all out to fascists and the telecoms and all you can do is ridicule people for try to do something about it. You are the one being self-righteos and smug.

[BBackSoon]

So the place where the protest is will be hidden from the view of anyone that it might influence.

This government has almost made it a crime to protest. Soon it will be illegal to congregate in groups of more than 3. And you better not have a sign that is critical of Bushco!

[Kalima]

I think that everyone should invest in a "Panic room."
On that note, I must go, it's time to sleep. Take care gentle soul and GN.

[jackie4444]

This is a really compelling video presentation. I hope everyone will watch it and pass it on.
Its about a lot more than a weekend march.

[escobar]

Goes to show how money talks!
Which companies will write the software and maintain the data base?
Will that be an offshore one? Will no bid contracts be awarded to a political backers or some execuitive from Viacom or ATT, since they are in charge already..
Will some company from China, India, or Israel get awarded contracts? Will a Blackwater and other hired killers get to process information? Will tax money now go, "Global" on the grandest scale ever?
Cramer will surely call this a, "Buy" as businessmen line up to suckle at the best taxpayer funded teat ever!
The money will NEVER run dry. It will be a source of marketable info. Taxpayers get pay to have their own personal info siped upon, then pay to be protected.
This will only snowball, more demanding of tax funds, and more power.
Those in charge will know about all that anyone has planned, like owning a crystal ball.
The stock market will belong to, "Those in the know" as never before.
The government didn't even keep the communication codes for the Navy or atom bomb information secret. This plan will make a few masters of everyone and everything, at the least it will provide wonderful opportunities for criminal opportunists at lots of lower levels.
The abuse of power should come as no surprise.
We are governed by businessmen, not patriots.
Patriotism is lying helpless in their parent's back room or at Walter Reed.