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House Backs FISA Court
Pushing back against the White House on warrantless wiretaps, the House early Friday approved a measure saying that court-issued warrants offer “the exclusive means” by which officials may eavesdrop on private conversations as a way to gather foreign intelligence information.
At issue is the administration’s practice of listening in - without receiving a warrant - on conversations between people in this country and abroad, when the administration has reason to suspect one party could have ties to a terrorist group.
President Bush has said the practice - which began shortly after the attacks of Sept. 11, 2001, but came to public light in late 2005 - is necessary to help the National Security Agency collect information that could help capture dangerous terrorists or head off another attack.
Civil liberties advocates have protested, however, insisting that the administration abide by the terms of the Foreign Intelligence Surveillance Act (FISA) of 1978.
That act requires the government to secure a warrant for such eavesdropping.
The secret FISA court responsible for issuing such warrants can do so retroactively - after the eavesdropping takes place - but only if the government can show why it has reason to suspect a terror link.
The Bush administration contends that provision is too restrictive to allow NSA analysts the freedom to intercept suspect calls on a timely basis.
The American Civil Liberties Union rejects that argument, citing constitutional protections against illegal search and seizure.
The measure the House passed early Friday - sponsored by Rep. Adam Schiff, D-Calif. - reaffirms the FISA warrants as the only legitimate avenue for the NSA eavesdropping.
“Electronic surveillance of those seeking to harm our country must be targeted and aggressive,” Schiff said in a prepared statement following the vote. “It must also be constitutional and respect the privacy of law-abiding Americans…Today, Congress reaffirmed that basic protection.”
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