Issue: National Security

— POSTED 1/29/08: FISA REPORT

Summary

After nearly 20 years, Congress in 2008 passed amendments that modernized the Foreign Intelligence Surveillance Act by expressly granting the President broad authority to use today's cutting edge technology to engage in international surveillance. But some in Congress want to roll back that authority. That would be a dangerous mistake. The new rules work and provide the right balance between civil liberties and national security. Presently, the President is authorized to surveil foreigners without going to the Foreign Intelligence Surveillance Court (FISC) for permission. Additionally, to protect Americans, the law requires the DOJ to develop and submit to the FISA court a set of procedures the President will use in making determinations of who is a foreigner. Furthermore, the law authorizes the Director of National Intelligence and the Attorney General to require private companies to assist in surveillance of foreign intelligence targets. And finally, the amendments provide those firms a broad grant of immunity from lawsuits as a result of their assistance.

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