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Monday, August 06, 2007
Donald Lambro :: Townhall.com Columnist
FISA needs a makeover
by Donald Lambro
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Time is of the essence: The government's recent National Intelligence Estimate (NIE), which assesses the terrorist threats against the United States, reports that Al Qaeda has significantly increased its efforts to attack and kill Americans here and abroad.

The report also says Al Qaeda in Iraq is now the "most visible and capable affiliate and the only one known to have expressed a desire to attack us here." The administration wants two key changes in the FISA law:

1. The ability to let NSA track foreign calls routed through the United States on a real-time basis.

2. Give telecom companies liability protection to guard them from lawsuits when they cooperate with intelligence agencies.

But the critics of Bush's FISA reforms seem unmoved by the need to act swiftly in the face of the growing terrorist threat.

The key to protecting America from other attacks is swift intelligence that exposes terrorist plots before they are carried out. Osama bin Laden said in January 2006 that Al Qaeda would hit us again in our homeland. Not many months after that warning, British and U.S. intelligence foiled the plot to blow up passenger flights to the United States.

Now the NIE reports warns of stepped-up activity to carry out other plots against us, and the chief of National Intelligence says our intelligence is missing large portions of critical information we should be collecting.

If one of these plots succeeds before Bush's reforms can be enacted, Democratic leaders will have a lot of explaining to do during their August recess.

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About The Author

Donald Lambro is chief political correspondent for The Washington Times.

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As I underestand it
... the bill's timing is related to the recent decision by a FISA court judge that surveillance of foreign communications that are routed through the US is NOT allowed under FISA. This is frankly a bad decision, but if it can prompt Congress to update the law it's not all bad news. FISA court decisions are not reported directly to the people, for good reason: they relate to intelligence sources and methods. We occasionally find out about them through politicians and (regrettably) the media.

As a retired Naval intelligence officer, I have two comments. First, FISA (from 1978) needs this technological update. It imperils no civil liberties of US citizens, and Democrats need to just git-R-done.
Second, I share the concern of Dave Stone about warrantless wiretapping of calls to and from persons in the US (who may or may not be American citizens -- and in fact, are usually not). We can't trust this authority in the hands of most administrations.

I believe FISA also needs to be updated to allow standing, routinely reviewed warrant categories, rather than requiring a warrant for each individual instance of a communication path. In 1978 that meant each instance of a subscription landline phone number; today it means otherwise untraceable prepaid cell phones, and wireless internet anywhere on the globe. However, I am not a friend of warrantless wiretapping when communications to and from the US (content, not just transmission path routing) are involved. Accountable oversight is essential – it's the methods of the oversight process that need updating.

Fergus
You haven't been seen aroundmuch, but DJ is certainly as you describe...typical. No sweat. You should be where I've been lately. Nice to "see" you around TH again. Need a barf bucket? GunnyG has a sweet supply!!
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