The Republicans are going to call you the names any which way, Senator.

They're going to cry regardless, Senator.

And as the old line goes: give them something to cry about.

Labels: Barack Obama, FISA, Keith Olbermann

"Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. There is also little doubt that the Bush Administration, with the cooperation of major telecommunications companies, has abused that authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders.

"That is why last year I opposed the so-called Protect America Act, which expanded the surveillance powers of the government without sufficient independent oversight to protect the privacy and civil liberties of innocent Americans. I have also opposed the granting of retroactive immunity to those who were allegedly complicit in acts of illegal spying in the past.

"After months of negotiation, the House today passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act.

"Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance – making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.

"It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives – and the liberty – of the American people."

Labels: Barack Obama, FISA, spinelessness

Fucking Democratic surrender monkeys. They are a bunch of gutless weasels. Their idea of "compromise" was nothing of the sort, it was nothing more than the abject and total appeasement of a tyrant.

Labels: Democrats, FISA, spinelessness

Labels: Democrats, FISA, spinelessness

A technical glitch gave the F.B.I. access to the e-mail messages from an entire computer network — perhaps hundreds of accounts or more — instead of simply the lone e-mail address that was approved by a secret intelligence court as part of a national security investigation, according to an internal report of the 2006 episode.

F.B.I. officials blamed an “apparent miscommunication” with the unnamed Internet provider, which mistakenly turned over all the e-mail from a small e-mail domain for which it served as host. The records were ultimately destroyed, officials said.

Bureau officials noticed a “surge” in the e-mail activity they were monitoring and realized that the provider had mistakenly set its filtering equipment to trap far more data than a judge had actually authorized.

The episode is an unusual example of what has become a regular if little-noticed occurrence, as American officials have expanded their technological tools: government officials, or the private companies they rely on for surveillance operations, sometimes foul up their instructions about what they can and cannot collect.

The problem has received no discussion as part of the fierce debate in Congress about whether to expand the government’s wiretapping authorities and give legal immunity to private telecommunications companies that have helped in those operations.

But an intelligence official, who spoke on condition of anonymity because surveillance operations are classified, said: “It’s inevitable that these things will happen. It’s not weekly, but it’s common.”

A report in 2006 by the Justice Department inspector general found more than 100 violations of federal wiretap law in the two prior years by the Federal Bureau of Investigation, many of them considered technical and inadvertent.

Bureau officials said they did not have updated public figures but were preparing them as part of a wider-ranging review by the inspector general into misuses of the bureau’s authority to use so-called national security letters in gathering phone records and financial documents in intelligence investigations.

In the warrantless wiretapping program approved by President Bush after the Sept. 11 terrorist attacks, technical errors led officials at the National Security Agency on some occasions to monitor communications entirely within the United States — in apparent violation of the program’s protocols — because communications problems made it difficult to tell initially whether the targets were in the country or not.

Past violations by the government have also included continuing a wiretap for days or weeks beyond what was authorized by a court, or seeking records beyond what were authorized. The 2006 case appears to be a particularly egregious example of what intelligence officials refer to as “overproduction” — in which a telecommunications provider gives the government more data than it was ordered to provide.

The problem of overproduction is particularly common, F.B.I. officials said. In testimony before Congress in March 2007 regarding abuses of national security letters, Valerie E. Caproni, the bureau’s general counsel, said that in one small sample, 10 out of 20 violations were a result of “third-party error,” in which a private company “provided the F.B.I. information we did not seek.”

In the cyber era, the incident is the equivalent of law enforcement officials getting a subpoena to search a single apartment, but instead having the landlord give them the keys to every apartment in the building.

Labels: FISA, icepick meet forehead, NSA wiretapping

The House of Representatives defied the White House yesterday by refusing to make an expiring surveillance law permanent, prompting a harsh exchange between Republicans and Democrats as they prepared for an extended, election-year battle over national security.

The episode was a rare uprising by Democrats against the White House on a terrorism issue, and it inspired caterwauling on both sides about the dire ramifications of the standoff.

Republicans said Democrats were putting the nation at risk, while President Bush offered to delay his scheduled departure for Africa today to reach a deal. Democrats responded with charges of administration recklessness and fearmongering.

The conflict erupted on the same day that House Democrats approved contempt citations against White House Chief of Staff Joshua B. Bolten and former White House counsel Harriet E. Miers over their refusal to cooperate with an investigation into the mass firings of U.S. attorneys.

That vote -- resulting in the first citations ever issued against White House officials -- infuriated the Bush administration and helped torpedo a short-lived political truce with Democrats, who had celebrated the signing of a bipartisan economic stimulus package on Wednesday. Republicans staged a walkout before the vote.

The surveillance dispute centers on the Protect America Act, a temporary law approved over Democratic misgivings last August. It expanded the powers of the government to monitor the communications of foreign suspects without warrants, including international phone calls and e-mails passing through or into the United States. It is set to expire at the end of the day tomorrow.

The Bush administration wants to make the law permanent, while adding legal immunity for telecommunication companies that were sued for invasions of privacy after helping U.S. intelligence agencies conduct warrantless wiretapping. The Senate has approved a bill backed by the White House, but the House has balked at the immunity provision and raised other objections because of civil-liberties concerns.

Without the law, administration officials said yesterday in interviews and statements, the monitoring of terrorist groups overseas will be severely hampered. Telecom firms may also become reluctant to help the National Security Agency and other U.S. intelligence agencies conduct surveillance, officials said.

"If Congress does not act by that time, our ability to find out who the terrorists are talking to, what they are saying, and what they are planning will be compromised," Bush said in a hastily arranged news appearance on the South Lawn of the White House. He said that intelligence officials were "waiting to see" if Congress would "tie their hands."

Democrats immediately said that the expiration of the temporary law would have little, if any, immediate impact on intelligence gathering. "He has nothing to offer but fear," House Speaker Nancy Pelosi (D-Calif.) told reporters after Bush's address.

Labels: Bush Administration, FISA

Labels: FISA

The 48 to 45 vote put Democrats in the odd position of opposing a vote on a bill supported by Democratic leaders and authored by fellow Democrat-Sen. Jay Rockefeller, D-West Va., chairman of the intelligence panel.

Rockefeller and most Democrats said they opposed the Republican motion because it would have prevented a full airing of Democratic amendments to the controversial bill.

“The FISA legislation before the Senate has been taken hostage,” said Rockefeller in a floor speech urging Democrats to vote against ending debate and bringing his bill up for a vote. “In a transparent attempt to score political points off of national security issues, the White House has decided once again that scaring the American people with unfounded and manipulative claims is in order.”

A temporary measure providing expanded wiretapping authority approved last August is scheduled to expire on Friday. The Senate voted 48 to 45 to reject an effort to extend that measure.

The bill, co-authored by Sen. Kit Bond, R-Mo., cleared the Senate panel last fall by a wide, 13-2 vote. It would update the 1978 Foreign Intelligence Surveillance Act, which forces law enforcement agencies to obtain a court warrant before eavesdropping on suspected terrorists and spies.

The next step is uncertain. Civil liberties groups, which lobbied hard to prevent the bill come to the floor, said one option is to do nothing and force the administration to revert back to the original 1978 law.

The proposed law is controversial because it essentially makes permanent President Bush’s program that secretly authorized the National Security Agency to eavesdrop on telephone calls and e-mails of suspected terrorists without a court warrant as required under the law.

The bill also contains a provision, sought by the White House, that would give telephone companies legal protection from dozens of lawsuits now pending against the telcom industry for participating in the president’s terrorist surveillance program without a court warrant.

Republicans, just hours before President Bush was to address the nation in his annual State of the Union speech, portrayed Democrats as being weak on terrorists for failing to end debate and vote on the Rockefeller-Bond measure.

Prior to congressional action in August, the nation’s intelligence agencies were unable to collect vital foreign intelligence without the prior approval of a court, said Sen. Saxby Chambliss, R-Ga., a member of the Senate Intelligence Committee, speaking on the floor.

“This will be the case again if we do not make permanent these changes,” Chambliss said. “Our intelligence community told us that without updating FISA, they were not just handicapped, but that they were hamstrung.”

Sen. John Cornyn, R-Texas, urged Democrats to vote with Republicans to end debate and vote on the intelligence committee bill. It is time to support a bipartisan bill, Cornyn said, and give the intelligence community the tools they need to thwart future terrorist attacks.

It now seems highly likely (though not certain) that the Democratic filibuster to prevent a vote on the Senate Intelligence Committee bill will succeed. This afternoon on the Senate floor, GOP Sen. Arlen Specter even indicated that he would support the filibuster, making it extremely unlikely that Senate Republicans will be able to get 60 votes to cut off further debate and proceed to a vote.

That means that the Senate will then proceed to debate and vote on all of the pending proposed amendments to the Senate Intelligence Committee bill (including one from Dodd and Feingold to strip telecom immunity out of it, one from Feinstein to transfer the telecom cases to the FISA court and let that court decide whether there should be immunity, one from Feinstein re-iterating that FISA is the "exclusive means" for legal eavesdropping, and one from Specter/Whitehouse to allow the telecom lawsuits to continue but to substitute the Government for the telecoms as defendants).

But the most interesting question at the moment is whether the Senate, once it blocks a final vote on the bill, will be able to pass a 30-day extension of the Protect America Act. The House is scheduled tomorrow to vote on the extension, but either way, the President has vowed to veto it.

If there is no 30-day extension, then it is difficult to see how this is going to play out. The deadline for expiration of the PAA is this Friday. If the House and Senate do not pass identical bills by that date -- and, provided the Senate sustains its filibuster this afternoon, it seems impossible that they will -- then that means (in light of Bush's refusal to accept a 30-day extension) that the PAA is almost certain to expire on Friday without any new bill being in place. Given Bush's endless insistence that the PAA is necessary to save us all from The Terrorists, it is -- as I explained this morning -- one of his most brazen acts ever that he will simply allow the PAA to expire. How can expiration of this "Critical Intelligence Tool" possibly be preferable to a 30-day extension?

The only conceivable way that this could all work out for the White House is for there to be a repeat of what occurred back in August, when the pro-warrantless-eavesdropping Protect America Act was foisted on our country: namely, the Senate hastily passes at the last minute a terrible bill demanded by the White House right before the deadline, and then forces the House to choose between (a) passing the terrible Senate bill or (b) allowing the deadline to pass with no bill at all. But given the rather strong opposition in the House to telecom immunity and vesting vast new warrantless eavesdropping powers in the President, it's hard to imagine the House capitulating to the Senate again in that way.

This afternoon, I asked a well-placed and knowledgeable source in the House about what would likely happen if the Senate passed a bad bill tomorrow or Wednesday and left the House with very little time either to do the same or let the PAA expire. This is the reply:

As to how it plays out, I'm sure that you saw the editorial in the New York Times yesterday that suggested we pass a 30-day extension and leave town, much like Senate did to us in August with S. 1927 (the PAA).

We're not in session this week after tomorrow afternoon. House vote on HR 5104 [to extend the PAA by 30 days] is contemplated tomorrow.

If the bill fails over here [because] of Republican opposition, or in the Senate, or in the President's veto pen, then any "going dark" would be on their hands.

That's the right way to think about it and one hopes the House will do that. Moreover, since the House isn't in session until after tomorrow, it seems impossible that there will be a bill ready for the President's signature before Friday -- which means Bush will have to choose between retreating from his veto vow on the 30-day extension or leaving us all vulnerable to being Slaughtered by the Terrorists and unable to listen in when Osama Calls.

Labels: FISA

Labels: FISA

Harry Reid -- who has (a) done more than any other individual to ensure that Bush's demands for telecom immunity and warrantless eavesdropping powers will be met in full and (b) allowed the Republicans all year to block virtually every bill without having to bother to actually filibuster -- went to the Senate floor yesterday and, with the scripted assistance of Mitch McConnell and Pat Leahy, warned Chris Dodd, Russ Feingold and others that they would be selfishly wreaking havoc on the schedules of their fellow Senators (making them work over the weekend, ruining their planned "retreat," and even preventing them from going to Davos!) if they bothered everyone with their annoying, pointless little filibuster.

To do so, Reid announced that, unlike for the multiple filibusters from Republican colleagues, he would actually force Dodd and company to engage in a real filibuster. This is what Reid said:

[I]f people think they are going to talk this to death, we are going to be in here all night. This is not something we are going to have a silent filibuster on. If someone wants to filibuster this bill, they are going to do it in the openness of the Senate.

That is what Democrats have been urging Reid to do to the filibustering Republicans all year -- in order to dramatize their obstructionism -- but he has refused to make them actually filibuster anything, generously agreeing instead that every bill requires 60 votes. Instead, he reserves such punishment only for the members of his own caucus trying to take a stand for the rule of law and the Constitution, those who are trying finally to bring some accountability to this administration.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

House Democrats will postpone votes on criminal contempt citations against White House chief of staff Joshua Bolten and former White House counsel Harriet Miers, while congressional leaders work with President Bush on a bipartisan stimulus package to fend off an economic downturn, according to party leaders and leadership aides.

Senior Democrats have decided that holding a controversial vote on the contempt citations, which have already been approved by the House Judiciary Committee as part of its investigation into the firing of nine U.S. attorneys, would “step on their message” of bipartisan unity in the midst of the stimulus package talks.

Bush, citing executive privilege, has refused to allow Bolten or Miers to testify before the House Judiciary panel about the prosecutor purge. And former deputy White House chief of staff Karl Rove was barred by the administration from appearing before the Senate Judiciary Committee on the same issue.

“Right now, we’re focused on working in a bipartisan fashion on [the] stimulus,” said House Majority Leader Steny H. Hoyer (D-Md.), indicating that the contempt vote is not expected for weeks, depending on how quickly the stimulus package moves.

Brendan Daly, a spokesman for House Speaker Nancy Pelosi (D-Calif.), said “no decision has been made” as to when a criminal contempt vote would be held by the House.

Labels: Democrats, economic death watch, FISA, rant, spinelessness

Labels: Chris Dodd, Democrats with balls, FISA

Amid deep and growing divisions among Senate Democrats, Senate Majority Leader Harry M. Reid (D-Nev.) last night abruptly withdrew legislation that would have changed surveillance law and granted the nation's telecommunications companies retroactive immunity from lawsuits charging they had violated privacy rights.

Democratic leaders had hoped to complete an overhaul of the 1978 Foreign Intelligence Surveillance Act before recessing for the year, since the current law governing the Bush administration's warrantless surveillance program is set to expire in early February. But in the face of more than a dozen amendments to the bill and guerrilla tactics from its opponents, Reid surprised his colleagues when he announced there would not be enough time to finish the job.

"Everyone feels it would be in the best interest of the Senate if we take a look at this when we come back," Reid said, acknowledging the time crunch he faces in the "last hours" of this congressional session and the hefty number of agenda items remaining.

The disputed measure would have placed the warrantless surveillance program under secret court supervision, but the most heated controversy surrounded the White House's efforts to legally shield phone companies that had been helping the National Security Agency listen in on telephone and Internet conversations.

Sen. Christopher J. Dodd (D-Conn.) -- a presidential candidate who returned from Iowa Sunday night to fight the measure -- quickly claimed victory after the bill's withdrawal, and he again vowed to "utilize all the tools available" to block passage once Reid calls it up in January.

"He blinked," Caroline Fredrickson, director of the Washington office of the American Civil Liberties Union, said of Reid. "It's clear that this was not going to be easy. On the one hand he wanted to rush this process and think he could strong-arm everybody to giving up their rights as senators. They threw sand in the gears."

Labels: Chris Dodd, FISA, telecommunications

S. 2248 is now before the Senate Judiciary, and will be voted on in just a few days. Unless public opposition is once again vigilant and strong, this new TIA bill has a good chance of passing in committee and of reaching the full Senate floor. Unfortunately, the dire consequences of this legislation for the survival of democracy in America, including the potential to destroy fair elections, have been greatly muted, misrepresented, and downplayed by the mainstream media; and mounting pressure on Congress from both the Bush Administration and the giant telecommunication corporations have combined to increase the odds that S. 2248 will soon become law.

The bill would quash about 40 pending lawsuits against AT&T by granting it full retroactive legal immunity for its alleged role in helping the National Security Agency (NSA) acquire the contents of millions of domestic and international electronic messages sent by American citizens through the AT&T network. These messages were allegedly routed to secret rooms requiring NSA clearance hidden deep inside major AT&T hubs throughout the United States for purposes of building a massive data mine. This unprecedented surveillance offensive was first exposed in 2005 when an AT&T employee at the San Francisco hub blew the whistle.

According to the Electronic Frontier Foundation (EFF), a civil liberties organization based in San Francisco that has filed a class action suit against AT&T, the company had installed a fiber-optic splitter at its San Francisco office that copies all e-mails and other Internet traffic passing through the system and deposits these copies into a separate government computer network. The EFF alleges that the secret NSA rooms, to which the copies are sent, contain "powerful computer equipment connected to separate networks. This equipment is designed to analyze communications at high speed, and can be programmed to review and select out the contents and traffic patterns of communications according to user-defined rules" (emphasis added).

With this cooperation from the telecoms, the Bush Administration now appears to have realized a major component of its TIA project, a publicly denounced program that was presumed to have been abandoned by the Bush Administration. The purpose of this project was to "imagine, develop, apply, integrate, demonstrate and transition information technologies, components and prototype, closed-loop, information systems that will counter asymmetric threats by achieving total information awareness." In its present form, the integrated surveillance network has the capacity to maintain fully searchable copies of the contents of all electronic communications of American citizens. Since there is virtually no judicial oversight, the Bush Administration now has a blank check to define its search criteria any way it wishes, not only to look for terrorists but also for anyone else it may deem a threat -- including investigative reporters and political opponents.

Labels: FISA, NSA wiretapping, totalitarianism