Home -> Law Blog Directory -> Constitutional Law Blogs -> ACS Blog

Constitutional Law

: ACS Blog

Senate Joins House to Expand Wiretapping Law (FISA)

The Senate voted 69 to to 28 to pass legislation the New York Times characterized as "broadening the government’s spy powers and providing legal immunity for the phone companies that took part in the wiretapping program." The House (as expected) passed the legislation 293-129 on June 20. President Bush said he would sign the legislation.

Three proposed amendments were rejected. The first, which would have removed immunity for telephone companies, failed 66-32. A second, which would have required a court to assess the legality of the warrantless wiretaps before granting immunity, failed 61-37. A third, to postpone the granting of immunity for a year pending an investigation, failed 56-42.

Both the ACLU and Electronic Frontier Foundation said they will challenge the law in court.

Background materials on the separation of powers, privacy, and surveillance are available from ACS.

• Read an article by Marty Lederman and David Cole on "The National Security Agency's Domestic Spying Program."
• Listen to Neil Kinkopf, Leslie Harris, David Kris, Robert Turner, and Mary DeRosa discuss "Domestic Surveillance and the Rule of Law."
• Read a transcript of a discussion with Michael Greenberger, Gary Hart, Morton Halperin, and Bruce Fein on "Warrantless Domestic Surveillance: Its Roots and Where We Go From Here."
• Watch Farhana Khera, Alasdair S. Roberts, Suzanne Spaulding, and Wyndee Parker discuss "Building Checks and Balances for National Security Policy: The Role of Congress."
• Watch Kate Martin, Milt Bearden, Deborah Pearlstein, and James Johnson discuss "The Challenges of Gathering Intelligence and Conducting Investigations."
• Listen to former Vice President Al Gore speak on "Restoring the Rule of Law."
• Listen to Senator Hillary Clinton speak about privacy.
• Watch a conversation with Gary Hart, Dawn Johnsen, Doug Kmiec, Harold Koh, Beth Nolan, and Ronald Weich on "Separation of Powers: Restoring the Balance Among the Branches."

Additional resources on FISA are available here:

• The most recent Congressional Research Service report on proposed amendments to FISA (June 12, 2008)
• An overview of intelligence issues before Congress from CRS (May 30, 2008)
• ACLU: FISA Page
• Center for National Security Studies: FISA Page (legislative history)
• Electronic Frontier Foundation: FISA FAQ
• Electronic Privacy Information Center: FISA Page
• Federation of American Scientists: FISA Page (legislative and litigation history)

Full post as published by ACS Blog on July 09, 2008 (boomark / email).