Few people have been on top of the extension of FISA like Glenn Greenwald. As a quick overview for folks that haven’t been paying attention to the issue:
Late last year a real potential problem with the Foreign Intelligence Surveillance Act (FISA) (as written in the 70s and amended after Sept 11) was recognized. Namely, communication between two foreign entities that was routed through the US was subject to the law’s requirements for a court order. This was never the intent of the law and largely crept in due to the routing of Internet traffic through major US networking hubs In addition to correcting this, the Whitehouse and the Republican congress pushed for a change to FISA that went beyond correcting the oversight and significantly extended the ability of the government to spy on citizens. Congress couldn’t pass this permanently, but did pass a six month bill before the August recess, in large part because of scare tactics used by the FBI (releasing warnings of predicted attacks in DC) Six months was up last week and the Whitehouse was pushing to: a) correct the known oversight, b) extend its ability to spy on US citizens without court order, and now they’ve added c) grant retro-active immunity to the telecommunications companies for illegally helping the government spy both before and after Sept 11th. And of course, if they don’t get all of this, we’ll die in our sleep, murdered by terrorists. The Senate caved and gave the Whitehouse everything it asked for. Surprisingly, the House didn’t and we’re now seeing extra pressure claiming that we’ll all die and it’ll be their fault. This is of course BS, but that’s the state of discourse in the country. I don’t have much to add on the spying per se, but I will admit to being particularly offended and disturbed by the telecom immunity issue. Essentially, these companies started helping law enforcement to monitor calls, read emails, etc. well before September 11th. Their actions were not scared or patriotic, they were largely motivated by greed.
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