The 2008 amendments to the Foreign Intelligence Surveillance Act (FISA) gave retroactive immunity to telecomm companies accused of participating in a then-illegal, warrantless wiretapping program under the Bush administration. But the amendments were temporary, and are set to expire. Obama wants them renewed. And then some.
As written, FISA monitors e-mails and phone-calls going through the U.S. made by overseas terrorist suspects. However, FISA makes it so authorities don't need a warrant for each suspect so long as a surveillance court says the procedures are "reasonably designed" - a standard that's ambiguous thanks to the "state secrets" privilege.
Salon's Glenn Greenwald opposes renewing FISA, laying out how Obama seeks to strengthen what he calls "the symbol of Bush radicalism." Others, such as Director of National Intelligence James R. Clapper Jr., consider the wiretaps necessary to combat terrorism.
The ACLU successfully challenged the 2008 amendments. Courts said citizens can challenge the warrantless wiretapping law, even when the federal government claims the oft used "state secrets" privilege. But the Obama administration wants to fix that mistake, and is seeking to block efforts to have federal courts rule on the constitutionality of FISA's proposed amendments.
Barack Obama
Joe Biden
