KENNEDY ON PASSAGE OF FOREIGN INTELLIGENCE SURVEILLANCE ACT
The Foreign Intelligence Surveillance Act is one of our landmark statutes. For three decades, it has carefully regulated government surveillance in a way that protects both our national security and our civil liberties and prevents the government from abusing its powers. It is because FISA enhances both security and liberty that it has won broad support over the years from presidents, Congress, and the public alike.
Over the years, I’ve consistently supported reforms to modernize FISA to keep it effective in the ongoing battles against America’s enemies. I voted against the “FISA Modernization Act” today, however, because instead of modernizing FISA, it undermines it by giving the Executive Branch vast new authority to use electronic surveillance without basic safeguards to provide oversight and prevent abuse. America deserves better.
I’m pleased, however, that the Senate adopted my amendment to clarify that domestic-to-domestic communications may not be acquired without a warrant. When the government knows ahead of time that both the person making a call and the person receiving the call are inside the United States, it should have to obtain a court order before it can listen in on the call. My amendment will ensure that the government continues to respect this rule.
As the bill moves to conference with the House, the final legislation produced by the conferees should respect the following principles:
“Electronic surveillance,” a key term in FISA, should not be redefined. I haven’t heard a single good argument for making this change, which creates the potential for interpretive mischief and unintended consequences.
There should be ongoing court review of the government’s new targeting and minimization procedures, and stronger consequences when the FISA court rejects the government’s procedures as unlawful.
Warrantless “bulk collections,” in which the government sucks up all communications coming in or out of the country like a vacuum cleaner, should not be allowed.
The law should be crystal-clear that FISA is the sole legal means by which the government is permitted to conduct foreign intelligence electronic surveillance.
The sunset date should occur within four years, to guarantee timely congressional review and a role for the next administration.
The bill should clearly prohibit the “reverse targeting” of Americans, by requiring a court order for surveillance whenever a significant purpose is targeting someone in the United States.
The bill should require an Inspector General review and report on the Bush Administration’s domestic warrantless eavesdropping program, which may have violated the constitutional rights of millions of innocent Americans.
We know these principles can be legislated effectively, because sensible amendments were proposed in the Senate to implement each of them.
Finally, it is imperative that the final legislation contains no retroactive immunity for companies that cooperated with this Administration’s warrantless surveillance program. I strongly oppose any form of retroactive immunity for telecommunications companies. Amnesty for these companies may help the Administration conceal its illegal spying, but it will not serve our national security, and it will further undermine the rule of law. The Bush Administration is desperate to protect these companies because it is desperate to cover up its illegal actions. Congress should reject this self-serving attempt to whitewash history and escape accountability.
We need a FISA bill that adheres to these principles and makes Americans once again feel safe in both their security and their liberty.
