Obama Team Wants to Renew Surveillance Law

Administration Vows to Negotiate Privacy Protections But Some Dems Want Better Justification for Wiretaps

(AP)  The Obama administration promised Congress on Tuesday to negotiate stronger privacy protections for Americans under terrorism surveillance but insisted on retaining current authority to track suspects and obtain records.

Liberals on the House Judiciary Committee were left unsatisfied, clearly wanting the administration to go further and pledge to curb what they consider abuses of the Bush administration.

They repeatedly insisted that the law be rewritten to require better justification for wiretaps and subpoenas, and Committee Chairman John Conyers, D-Mich., even compared the Obama administration's position so far with that of the Bush administration.

"You sound like a lot of people who came over from DOJ (the Department of Justice) before," Conyers told Todd Hinnen, deputy assistant attorney general.

Congress is starting to consider changes in three expiring provisions of the USA Patriot Act, a counterterrorism law initially passed after the Sept. 11, 2001 attacks.

These three provisions require the government to seek permission from a special foreign surveillance court for subpoenas and surveillance. The Bush administration, while using the court, also had the National Security Agency - without warrants - eavesdrop on Americans and others inside the United States to search for terrorist activity. That program ended before Bush left office.

Hinnen told a Judiciary subcommittee, "We are ready and willing to work with members on any specific proposals" that would provide "effective investigative authorities and protects privacy and civil liberties."

Conservative lawmakers want to reauthorize the expiring provisions without changes, insisting the statute helped prevent attacks.

"All of this hyperbole" about trampling civil liberties "has not been borne out in litigation. I don't feel we should break something that doesn't need fixing," said Rep. F. James Sensenbrenner Jr., R-Wis.

Conyers launched a tirade against a Bush administration incident described in a heavily redacted report from the Justice Department inspector general.

The report said that in 2006, the FBI twice asked a special foreign surveillance court for an order seeking "tangible things" in a counterterrorism case.

The court denied the request both times, citing the danger to First Amendment rights. The FBI then skirted the court's refusal and continued the investigation using three National Security Letters, which are basically subpoenas not approved by a court.

When Hinnen initially said he could not discuss the case, Conyers railed that news stories described the incident and asked whether the Justice Department official was questioning the inspector general's account.

Hinnen responded that abusive policies have been fixed since the Obama administration took over.

Three provisions of the Patriot Act are expiring. They provide:

• Roving, court approved wiretaps that allow surveillance on multiple phones. Law enforcement is not required to ascertain that a suspected foreign terrorist is actually using the phones being tapped.

• That businesses produce "any tangible things" at the FBI's request.

• Authority to conduct surveillance against a so-called "lone wolf," a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.

Rep. Jerrold Nadler, D-N.Y., asked Hinnen why the administration couldn't conduct some of its surveillance and subpoena requests under criminal laws that provide better protections to those under investigation.

Hinnen responded that secret grand jury material later becomes public in a criminal prosecution. In a counterterrorism operation, where prosecution may not be the goal, the classified material would remain secret, he added.

Kenneth Wainstein, former assistant attorney general in the National Security Division, said it was important to continue the expiring provisions that were "born of the harsh lesson of 9/11."

"They have been effectively incorporated into our counterterrorism operations with due regard for privacy and civil liberties and with extensive oversight" by the nation's foreign surveillance court and Congress, he said.

Michael German, policy counsel for the American Civil Liberties Union, said Congress needs to "restore effective checks on executive branch surveillance powers and to prohibit unreasonable searches and seizures of private information without probable cause ... "

[mahalapril]

How come Obama is following George Bush's safeguards which protected us since 9/11. Obama is a genius as a follower not as a leader.

[jimmyc1955]

So I guess he is either trying to look tough or he lied about Bush abusing constitutional law.

Put a check by the "He Lied" box for me, will you?

[mnbrant]

There is a product that zone alarm puts out called force shield. I haven't tried it but it looks good. Basically it encrypts your browser and prevents keyloggers. Don't know if its good enough to keep out the NSA though. Anybody heard of it?

[ffoulkes-2009]

There are actually telephone services that can not be tracked, traced or monitored presently. I will not divulge which ones they are, but they do exist. If there is a security measure, someone can circumvent it.

[Lawyers-Guns-n-Money]

It sucked under Bush but it's okay now.

This is the tune and how we sing it.

[lloydbest1]

"(AP) The Obama administration promised Congress on Tuesday to negotiate stronger privacy protections for Americans under terrorism surveillance but insisted on retaining current authority to track suspects and obtain records."

What's so wrong with obtaining a warrant? That's how we used to "do" wirtaps. Authorization through the courts has worked very well in the past; in most cases the judge rubber stamps the warrant approval anyway, without even reading the doggone thing. Wiretaps have always been secret but the use of them on the exectuive branch's sayso alone is a recent and disturbing thing. That needs to change. Obama may be a more ethical leader than either Bush or Cheney but the next one may be worse than either. We need the protections guaranteed by that other partner in the decision making process - the courts

""All of this hyperbole" about trampling civil liberties "has not been borne out in litigation. I don't feel we should break something that doesn't need fixing," said Rep. F. James Sensenbrenner Jr., R-Wis."

Not sure that's true but in any case it doesn't matter. It is the POTENTIAL for abuse I'm worried about. Mind, I feel a lot better about the Patriot Act and increased surveillance priveleges under an Obama administration than under Cheney/Bush but I still think both should be scrapped or at minimum, heavily revised.

"Rep. Jerrold Nadler, D-N.Y., asked Hinnen why the administration couldn't conduct some of its surveillance and subpoena requests under criminal laws that provide better protections to those under investigation.
Hinnen responded that secret grand jury material later becomes public in a criminal prosecution. In a counterterrorism operation, where prosecution MAY NOT BE THE GOAL [my emphasis], the classified material would remain secret, he added."

Not sure I like where that could lead. If we don't intend to prosecute then what DO we intend to do? Shoot 'em out of hand? No, that boat won't float. If we have to compromise classified info to gain a conviction, then that's too bad; we compromise it.

"They (the wiretap procedures) have been effectively incorporated into our counterterrorism operations with due regard for privacy and civil liberties and with extensive oversight" by the nation's foreign surveillance court and Congress, he (Kenneth Wainstein) said.

That may be true and it's better than nothing but there is still the problem of an ideologically bound and fearful congress (2001 through 2006) and a corruptible court. Oversight doesn't mean a d@mn if there's no enforcement; the financial meltdown that preceeded our economic prat-fall should have made that obvious.

Unilateral wiretapping on the part of the executive branch with no recourse through any other legal entity is an abuse waiting to happen. We need to end that "privelege"; we're secure enough without it.

[ffoulkes-2009]

What is wrong with a warrant? The way it 'used' to be done?

Well...this is when Muslim terrorists kept their crap overseas. When they brought it home to us, they forced the rules to change.

[jgg00009]

obama is a fraud. what a two-faced liar. after ranting about blackwater and the unconstitutionality of the patriot act he now keeps both. Between his healthcare lies and lying about sasha's meningitis, the non-tax tax "mandate", and the US doing more in the last 8 months for the environment, his acorn affiliation lies and his waffling on afghanistan while putting our troops at risk I have no, zero, zip, nada, zilch respect for this man. I am infuriated.

[stuart-johns]

YOU LIE!!

[jgg00009]

He's a complete FRAUD.

[jgg00009]

stuart, actually the other day I read a post you wrote about your son suffering a spinal injury while off-road racing without health insurance. You were complaining about the costs and trying to make a case for universal healthcare. While I feel sorry for your son I can't help but question your poor judgement and bad decison. Maybe you should have put the money you spent on an all terrain vehicle into health insurance. And if you also bought a cell phone for your son, or own a flat screen TV why in god's name should responsible people have to pay for your poor decisions?

[ffoulkes-2009]

Obama now knows what Bush knew. He HAS to adopt the policies Bush was using. His briefing upon entering the White House must have scared the crap outta him.

[quapawsix]

Wish I had said this

Australian Prime Minister does it again!!
It took a lot of courage for this man to speak what he had to say for the world to hear. The retribution could be phenomenal, but at least he was willing to take a stand on his and Australia's beliefs.
Whole world Needs A Leader Like This!
Prime Minister Kevin Rudd - Australia
Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks..
Separately, Rudd angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote:
'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali , we have experienced a surge in patriotism by the majority of Australians. '
'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'
'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society . Learn the language!'
'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'
'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'
'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'
'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'
Maybe if we circulate this amongst ourselves, WE will find the courage to start speaking and voicing the same truths.
If you agree please SEND THIS ON and ON to as many people as you know

[woltommel]

When you disarm the populace you can enforce your beliefs.

[ffoulkes-2009]

Man, I think Australia is fast becoming my favorite isle...(I know it is a continent to all you correctionistas).

[babooph]

The deluded fools who cheered for this trash do not see that their children will be the future US minority-ABUSED BY THIS LAW!!!

[ToolMangler1]

I thought you were just a Al Quaeda/Taliban backer, But now it seems you are a "Yellow Flagger" Screaming "Don't tread on me"!!!!!
I guess you are for anything that brings down the USA. (sigh)

[ffoulkes-2009]

babooph is just afraid someone will discover his meth lab...Man, you gotta quit testing your product.

[babooph]

Bush took his oath to obey the US constitution on his beloved PHONEY bible-see3ms perjury is in order !!

[payback108]

What a joke now that it's obamanation it ok to spy on americans.
I did not vote for bush or obama both thire policy are bad for america

[lmartink]

As a critic of the Bush Cheney war, I despised this law. But now with America's newest enemies -- arrogant, angry, asinine, right-wing nut jobs -- there is a clear and present danger to our democracy.

I now have to say I support the Patriot Act, Department of Homeland Security, the FBI, and other measures to protect us from these screaming and frightening jerks. These people are allowing themselves to be incited to dangerous levels by entertainers who make big profits.

Well, If their hearts are not in America, then they should get their ***** out!

[Questionews]

Good job of being wishy-washy Charlie Brown!

[ClarkeGrissom]

lol. Entertainers like? George Clooney? Sean Penn? The 60 some odd hollywood elites featured in the "I pledge" propaganda video? Funny how the liberal left refers to what they call 'democracy' as they try to shove it down your throat for what THEY believe to be the good of all.

[ffoulkes-2009]

I love how the left HATED trying to get info on people BUILDING AND USING bombs, but now that some people are standing up and SPEAKING against liberal policies, they are all for it.

This is what I find so confusing about libs.

[zzacrat]

Looks like that Obama has a few people that he wants to spy on.

[dwilson59]

Only Obama can save the USA. We should let him do what he wants because he is our new leader. We should have Obama be our king because he is so much better then Bush. Now that Obama is commander and cheif he will win the wars so evil companys like halliburton dont make billions for Chaney and Bushes friends. Obama will lower the price of gas so Bush and Chaney will not make billions off of us. Obama will make 5 million green jobs for us so we can all go back to work and just let the CEO's make billions while I have to work for min wage at Burger King. Obama should be our new King

[ffoulkes-2009]

It is hilarious. Who'da thunk it, right? Well I work for a MAJOR wireless telecom...I can assure you WE will not be taking ANY federal grants and will continue to fight for our customer's privacy rights.