Original URL: http://www.theregister.co.uk/2008/03/06/fisa_bill_delayed/
A controversial bill to expand the government's electronic surveillance authority has once again been delayed from coming to the floor of the House of Representatives as politicians wrangle over the granting immunity to AT&T and other telecommunications companies.
House Majority Leader Steny Hoyer said he hoped to finish work to the Foreign Intelligence Surveillance Act, or FISA, by the end of this week or the beginning of next, according to news reports. He said disagreements among Democratic lawmakers remain about whether retroactive immunity should be given to telecom companies that acquiesced to wiretapping demands even though they weren't accompanied by a court order.
According to news reports, moderate and conservative democrats have backed a plan already passed by the Senate to grant the after-the-fact immunity provision, but more liberal representatives are pushing to strip the bill of those provisions.
President Bush and other Republicans have repeatedly castigated the House for failing to take up the Bill more than three weeks after it was passed by the Senate. They argue the delay is compromising national security by preventing investigators from carrying out surveillance on potential terrorists.
Meanwhile, bloggers have jumped on comments made earlier this week by a top Department of Justice official to argue that the real intent of FISA supporters is to obtain the ability to intercept email.
During a breakfast on Capitol Hill earlier this week, according to this article (http://www.washingtonpost.com/wp-dyn/content/article/2008/03/03/AR2008030302814_pf.html) in The Washington Post, Assistant Attorney General for National Security Kenneth Wainstein complained that under current rules many emails and other electronic communications are off limits because "you don't know where the recipient is going to be."
Up until then, the FISA debate centered generally around the legality of eavesdropping on telephone calls between foreigners and specifically whether a warrant was necessary when the cables connecting the parties happened to pass through the US.
Wainstein seemed to be arguing that the real concern among FISA supporters is the ability to legally intercept foreign-to-foreign emails if one of the parties happens to pick up one of the messages while in US territory.
"What this means, of course, is that while the public outcry has been focused on AT&T, it should have included a few other firms, including perhaps Microsoft, Yahoo and Google," CNET blogger Chris Soghoian argued here (http://www.cnet.com/8301-13739_1-9886766-46.html). ®
Senate approves FISA makeover and telco wiretap immunity (9 July 2008)
http://www.theregister.co.uk/2008/07/09/senate_passes_fisa/
Congress bails out telcos for illegal snooping (20 June 2008)
http://www.theregister.co.uk/2008/06/20/congress_fisa_telecoms_immunity/
FISA warrants on a roll - but who needs a warrant? (2 May 2008)
http://www.theregister.co.uk/2008/05/02/fisa_2007_review/
Unmasking the Neighborhood Network Watch (24 April 2008)
http://www.theregister.co.uk/2008/04/24/neighborhood_network_watch_unmasked/
House of Reps passes FISA bill sans telecom immunity provision (14 March 2008)
http://www.theregister.co.uk/2008/03/14/fisa_bill_passed/
Surveillance immunity bill for telecoms tries livin’ la vida loca (13 March 2008)
http://www.theregister.co.uk/2008/03/13/telecoms_surveillance_immunity_bill/
Democrats refuse immunity for warrantless wiretappers (12 March 2008)
http://www.theregister.co.uk/2008/03/12/house_democrat_fisa_bill/
FBI screwed up, spied on entire email network (18 February 2008)
http://www.theregister.co.uk/2008/02/18/fbi_email_surveillance/
Telcos yank FBI wiretaps (10 January 2008)
http://www.theregister.co.uk/2008/01/10/fbi_wiretaps_unplugged/
Federal judge slams Patriot Act (27 September 2007)
http://www.theregister.co.uk/2007/09/27/patriot_act_mayfield/
Iraq fiasco creeps into NSA surveillance controversy (23 September 2007)
http://www.theregister.co.uk/2007/09/23/bush_mcconnell_testimony/
NSA surveillance and the dream police (23 August 2007)
http://www.theregister.co.uk/2007/08/23/nsa_surveillance_al_haramain/
Websites could be required to retain visitor info (8 August 2007)
http://www.theregister.co.uk/2007/08/08/litigation_data_retention/
Judge ruled against NSA surveillance in US (2 August 2007)
http://www.theregister.co.uk/2007/08/02/fisa_judges_vs_nsa/
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