The Surveillance Scam

Why the Protect America Act Is a Bad Idea

http://www.wvwnews.net/story.php?id=214

http://www.wvwnews.net/story.php?id=1507

Tim Lee

In his http://www.wvwnews.net/story.php?id=3259 address, President Bush pressed Congress to quickly pass legislation to make permanent the sweeping spying powers that Congress granted last August. Those powers, which include the ability to eavesdrop on foreign-to-domestic communications without meaningful judicial oversight, were due to expire last week. Congress has passed a two-week extension of the law, but that barely gives Congress time to catch its breath before the White House resumes its campaign to make it permanent.

The lone virtue of the Protect America Act is that the powers it granted are now set to expire in mid-February. As this revised deadline approaches, Speaker Nancy Pelosi and Majority Leader Harry Reid will once again face pressure to rush the White House’s preferred legislation out the door. The president will claim that failure to act before the Protect America Act sunsets will undermine the government’s ability to eavesdrop on terrorists.It’s an ominous claim, but it’s not true. The Protect America Act allows the administration to “authorize” eavesdropping programs for a year at a time. That means that the government’s various warrantless surveillance activities will continue to operate at least through August. And of course, if the need for new wiretaps arises after the act sunsets, the administration still has the opportunity to file for warrants under the Foreign Intelligence Surveillance Act (FISA). FISA even allows the government to begin surveillance first and apply for an emergency warrant after the fact.

http://reason.com/news/show/124733.html

2008-02-10