As previously reported, the New York Times broke the story that President Bush authorized the NSA to wiretap U.S. citizens calling overseas without getting authorization from FISA. There are two legal ways for the government to wiretap U.S. citizens: they can obtain a warrant if they can demonstrate probable cause, or they can receive a FISA order from a FISA court. The FISA order is intended for cases where foreign powers are involved. On August 17th of 2006, the courts found that the President's secret spying program violated FISA, as well as the first and fourth ammendments of the constitution. So now Arlen Spectre and the Bush administration are trying to rewrite the laws to make this unchecked spying legal.
There have been countless examples throughout history of governments using the power to spy on their own citizens to stay in power and suppress political dissent. It is the foundation for fascist and police states throughout history. In the U.S., Hoover's FBI spied on US citizens for political gain and to collect material for blackmail, and Nixon's campaign spied on the Democratic National Committee for political gain. It cannot be said that any portion of the U.S. government is above abusing these powers. The only way to guard against these abuses is to have clear standards under which the goverment is allowed to spy on its citizens, and to have oversight by the other branches of government. This is precisely what the Fourth Amendment and FISA give us, and precisely what the Bush administration seeks to dismantle.
More information:
- OMB Watch article on the bill
- National Security Surveillance Act of 2006 (S. 2453) in PDF format
- Wikipedia entry on the Foreign Intelligence Surveillance Act of 1978
- ACLU article on the Senate Judiciary Committee approving the bill
- ACLU page on illegal NSA spying
- Wikipedia entry on the NSA warrantless surveillance controversy
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