The Patriot Act updated FISA. But oddly, no one wants to discuss that. From the Associated Press today:
Bush wants terrorism law updated
WASHINGTON - President Bush wants Congress to modernize a law that governs how intelligence agencies monitor the communications of suspected terrorists.
The Foreign Intelligence Surveillance Act, or FISA, provides a legal foundation that allows information about terrorists‘ communications to be collected without violating civil liberties.
Bush noted that terrorists now use disposable cell phones and the Internet to communicate, recruit operatives and plan attacks; such tools were not available when FISA passed nearly 30 years ago. He also cited a recently released intelligence estimate that concluded al-Qaida is using its growing strength in the Middle East to plot attacks on U.S. soil.
Nonetheless, the Patriot Act addressed exactly these issues, nearly six years ago.
Rep. James Sensenbrenner (R-WI), the Chairman of the House Judiciary Committee, on Oct. 3, 2001:
“the PATRIOT Act modernizes surveillance capabilities by ensuring that pen register and trap and trace court orders apply to new technologies, such at the Internet, and can be executed in multiple jurisdictions anywhere in the United States. Criminal provisions dealing with stored electronic communications will be updated to allow law enforcement to seize stored voice mail messages the same way they can seize a taped answering machine message. Additionally, under this bill, a court may authorize a pen register or trap/trace order that follows the person from cell phone to cell phone rather than requiring law enforcement to return to court every time the person switches cell phones. The bill, consistent with our constitutional system of government, still requires a judge to approve wiretaps, search warrants, pen registers and trap/trace devices.”
Here’s what President George W. Bush said when he signed the Patriot Act:
The changes, effective today, will help counter
a threat like no other our Nation has ever
faced. . . .
We’re dealing with terrorists who operate by
highly sophisticated methods and
technologies, some of which were not even
available when our existing laws were
written. The bill before me takes account of
the new realities and dangers posed by
modern terrorists. It will help law
enforcement to identify, to dismantle, to
disrupt, and to punish terrorists before they
strike. . . .
Surveillance of communications is
another essential tool to pursue
and stop terrorists. The existing law
was written in the era of rotary
telephones. This new law I sign today
will allow surveillance of all
communications used by terrorists,
including e-mails, the Internet, and
cell phones. As of today, we’ll be able
to better meet the technological
challenges posed by this
proliferation of communications
technology. . . .
This legislation is essential not only to
pursuing and punishing terrorists but also
preventing more atrocities in the hands of
the evil ones. This Government will enforce
this law with all the urgency of a nation
at war. . . .
It is now my honor to sign into law the
USA PATRIOT ACT of 2001.
Simply put, this has nothing to do with any type of new technology. The President wants FISA updated because it’s a law that he broke, and he wants to retroactively change it.
–WKW