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Privacy Matters: Fixing FISA
The United States needs a Senator like Frank Church once again to restore the original purpose of the Foreign Intelligence Surveillance Act (FISA).
My former boss and mentor, Senator Frank Church, led the Senate investigation of Executive branch abuses of civil liberties back in 1975 - 1976 as Chairman of the Senate Committee on Intelligence.
His oversight was badly needed.
Among the findings of the Church Committee:
- The FBI had created files on over 1 million Americans and carried out over 500,000 investigations of "subversives" from 1960-74 without a single conviction.
- The CIA had opened the mail to and from selected American citizens which generated 1.5 million names in the Agency's computer bank known as "Operation Chaos"
- The National Security Agency (NSA) computers had monitored every cable sent or received overseas by Americans from 1947-75.
- Army intelligence units had conducted investigations against 100,000 U.S. citizens during the Vietnam War era.
- The Internal Revenue Service had allowed tax information to be misused by intelligence agencies for political purposes.
- The FBI's counterintelligence program (Cointelpro) had harassed civil rights activities, including Dr. Martin Luther King and Vietnam War dissidents.
The Church Committee's investigations resulted in the creation of a permanent Senate Committee on Intelligence, and the passage of substantial legislation, including the Foreign Intelligence Surveillance Act (FISA) in 1978.
Church's work is now being shredded by the Bush Administration.
FISA established a legal framework for electronic eavesdropping at home, including a special FISA court. It was originally passed to allow the government to collect intelligence involving communications with "agents of foreign powers."
The Bush Administration exploited this narrow exception in the passage of the Patriot Act that allows use of FISA to obtain personal records from many sources including libraries and internet service providers, even when they have no connection to terrorism.
Even worse, the Bush Administration now uses FISA to get around the constitutional requirement of seeking a warrant before it eavesdrops on communications by the NSA.
Congress even condoned this abuse of power in passing the "Protect America Act" (also known as "Police America Act") that expires in February 2008.
Legislation currently under consideration - The Restore Act - is a further erosion of individual liberties because it goes beyond individual warrants allowing "basket warrants." A true restoration of our individual liberties will not permit "basket warrants." This provision needs to be fixed and fixed correctly. While there is a split in the civil liberties community about the basket provisions, I don't believe we should settle for just an improvement in existing law. We need real protection.
When I am elected to the Senate, I will demand an end to the abuse of FISA and a return to the checks and balances espoused by Frank Church and the Church Committee.
As a former Congressman, Frank Church staff member, and U.S. Army intelligence office, I will help lead the way back from the civil liberty abuses of this administration.
The New York Times editorial on 11/14/07 pointed out the loopholes in the "Police America Act" and encouraged members of Congress to close those loopholes when the legislation is up for renewal. Yes, indeed.
As Senator, I will return Idaho's representation to the Frank Church values in keeping big government and secret government out of American's personal lives. As another mentor, former Interior Secretary and Governor Cecil Andrus, stated it many times: Idahoans want the Federal government off their back, but by their sides."
(Cross-posted at Daily Kos)
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Congressman Dan Lipinski (D-IL) of the 3rd congresional district here is one of the 41 Democrats who voted with the Republicans on this issue. Dan Lipinski need to be thrown out of office. He is a DINO and a Bush appeaser.
You are all so angry - that's good. Now consider: how many of you are in imminent danger of arrest, or losing your job or Security Clearance because of your posts here? Any hacker could easily trace any of us. We are still free to vent, to plan, to press and persuade. The end has not come; this is a beginning. Form alliances, turn your feelings into action. Attend party precinct meetings; turn the Democratic Party into the party we want to be proud of. To claim they're just Republicans in drag is to deny the difference between Bush and Gore! We're still free. We can fight (ballots not bullets). Show your friends, family, and children the American Hero that lives in us all. Talk is cheap; get out the vote!
I am sickened by the destruction of American Freedom, the Rule of law and the US Constitution.
We will soon be just like China...free to make and spend money but little else.
The wealthy and powerful can and will do anything they want.
The Democrats are treating us like trash.
Diane Feinstein has got to go . She has voted for all these Freedom destroying bills.
Almost all of Congress and all of the Bush administration have committed Treason by not upholding the Constitution.
Treason is punished by execution.
http://www.thomas.gov/cgi-bin/query/z?c110:H.R.3835:
All cognizant Americans should support this bill, get over partisanship, and write and call their representatives and get this bill passed!
blue dog dem atheist for Ron Paul
Mr. Larocco could you please run in California and replace any Dem here, either in the House or Senate.
Your voice is the second one I've heard today in defense of civil liberties. Not to steal your thunder, but the first was Senator Dodd who put a personal hold on the Immunity for Bush and His Law Breaking Telecoms.
Here's the url: http://chrisdodd.com/blog/dodd-responds-bush-telecom-immunity
God I hope your sentiment and Dodd's is the beginning of the change we so badly need.
It's all a dog and pony show. The politicians and corporations have already decided to dismantle our government and turn us into a fascist dictatorship. Anyone who has a different idea about this will be ignored,e.g. Dennis Kucinich and Ron Paul. If they reach the American people and threaten the plan they are removed somehow, e.g. Cynthia McKinney or assassinated.
I'm sure you are sincere in your desire to make a change but I doubt that you can stop what is happening now by yourself. I also doubt that there are more than just a few honest people in our government at the national level.
Chris Dodd has won my support today. He is a man of principle in a cesspool of cowards. We need a president who believes in the Constitution. He is the only candidate for President who will take a risk and stand up for this nation's true ideals..
In the Washington Post today it reported the Nominee Mukasey for Atty General as believing the President has the right to do what he is doing now and in the past regarding the warrantless surveillance so why should any congressman or senator that does not agree put a stamp of approval on the new powers that Bush wants. Even if they did restrain him from acts of torture, warrantless surveillance or anthing else he amy want to do legal or not he isn't going to listen because as he says he is the "decider" and he is still "relevant". By January 2009 he may be so entrenched in his powers that he may amy the election irrelevant by declaring himself unable to hand over the Presidency because the person elected doesn't understand the bigger picture of what is necessary to win the "war or wars" that he may have gotten us into by then.
The only thing this President does well seems to be cutting down some brush on his ranch.
In a word, what Idaho and the country need are more conservative legislators.
Not neocons or phony social conservatives...authentic libertarian conservatives like Ron Paul.
http://www.newsprism.com
I have seen enough. The gutless, yes gutless Dems take in on the chin and cow tow to a dope with an approval rating under 30%. I think new leadership in the party is needed and Palosi needs to step down. All the investagations and oversight just seems to give Bush what he wants, time after time after time. We can find enough people with balls to twist a few arms for a vote to overide a veto from a president with the lowest approval rating is a joke. We make deals with the administration that make no sense and we look stupid for buckeling under. We can't get a bill through the House or Senate because we can't get the votes. Get the damn votes already. Does anyone play hardball politics anymore? No privicy, no end to the war in sight, no health insurance for the kids of America and no accountability. Gutless, shameful and a joke. Nancy, I guess you found out that praying won't work, now what.
Someone needs to fix the problems Senator, it may as well be you. No one else seems to want to stand up and do it.
http://www.thomas.gov/cgi-bin/query/z?c110:H.R.3835:
All cognizant Americans should support this bill, get over partisanship, and write and call their representatives and get this bill passed!
blue dog dem atheist for Ron Paul
Why even have an oath to defend the Constitution?
http://www.light-to-dark.com/prism.html
I am deeply disappointed. It takes intellect to find solutions without resorting to extremism.
Please, Mr. Mueller: Say it aint so. Wasn't Gonzo's hospital spectacle convincing enough?
You're probably wiretapping the wrong people.
The sad thing is that the DEMS will hand it to Bush again. I will vote 3rd party!
We have but one party, one coin, 2 sides!
Excuse me, Mr. LaRocco: I didn't realize you weren't currently a Senator. That was stupid of me. I hope you're elected, and I wish you were in the Senate now. Today is a horrible day indeed.
Might I suggest an addition?
That, if elected, I will push through a law requiring the federal government to purge, eliminate, totally erase, all records acquired on American citizens not convicted of crimes. Furthermore, this law will require the TSA to open up its no-fly list so that people can get their names OFF that list with ease.
The problem here is that even if the government acquires information illegally, they STILL keep that information in databases. NO MORE. If any information was acquired in illegal fashion, and then, even if acquired legally, the information must be purged if there is no prosecution to be initiated upon that information.
These ones who must control us know that their game is showing. They must prevent our freedom in order to cover themselves from liability or accounability. If they ever move to martial law, the game could be completed without our interference. Even now they hold all the WMD'S. That even more countries could acquire them hinders their ability to dominate the World. They have to fear that those other "enemies they have created with framing" might actually use them against the tyranny fo the U.S. That is the only reason they are trying to intimidate all others, Now, Iran. They would have to be outright dictators, like many of their puppet gov'ts, in order to really do it. So, here, they use our own laws to assume the control they won't take outright with force. At the spiritual level it is still force! Wow! They really are very afraid, for they know of the high crimes they are guilty of perpetrating. FISA is the tip of the iceberg-the framework for permanent control they are trying to cement into law. Once this is achieved, it will be much harder to overturn it as the opposition??? seeks to make change??? if in fact they ever will! Peace
Put your money where your mouth is. Place a hold on this bill.
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Posted October 18, 2007 | 10:18 AM (EST)