Senate Votes to Extend Electronic Surveillance Authority - NYTimes.com - 0 views
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shared by Javier E on 29 Dec 12
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Congress gave final approval on Friday to a bill extending the government’s power to intercept electronic communications of spy and terrorism suspects, after the Senate voted down proposals from several Democrats and Republicans to increase protections of civil liberties and privacy.
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clearing it for approval by President Obama, who strongly supports it. Intelligence agencies said the bill was their highest legislative priority.
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Congressional critics of the bill said that they suspected that intelligence agencies were picking up the communications of many Americans, but that they could not be sure because the agencies would not provide even rough estimates of how many people inside the United States had had communications collected under authority of the surveillance law, known as the Foreign Intelligence surveillance Act.
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The Foreign Intelligence Surveillance Act was adopted in 1978 and amended in 2008, with the addition of new Surveillance authority and procedures, which are continued by the bill approved on Friday. The 2008 law was passed after the disclosure that President George W. Bush had authorized eavesdropping inside the United States, to search for evidence of terrorist activity, without the court-approved warrants ordinarily required for domestic spying.
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By a vote of 52 to 43, the Senate on Friday rejected a proposal by Mr. Wyden to require the national intelligence director to tell Congress if the government had collected any domestic e-mail or telephone conversations under the surveillance law. The Senate also rejected, 54 to 37, an amendment that would have required disclosure of information about significant decisions by a special federal court that reviews applications for electronic surveillance in foreign intelligence cases.
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The No. 2 Senate Democrat, Richard J. Durbin of Illinois, said the surveillance law “does not have adequate checks and balances to protect the constitutional rights of innocent American citizens.” “It is supposed to focus on foreign intelligence,” Mr. Durbin said, “but the reality is that this legislation permits targeting an innocent American in the United States as long as an additional purpose of the surveillance is targeting a person outside the United States.”
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Mr. Merkley said the administration should provide at least unclassified summaries of major decisions by the Foreign Intelligence Surveillance Court. “An open and democratic society such as ours should not be governed by secret laws,” Mr. Merkley said, “and judicial interpretations are as much a part of the law as the words that make up our statute.”
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Mr. Wyden said these writs reminded him of the “general warrants that so upset the colonists” more than 200 years ago. “The founding fathers could never have envisioned tweeting and Twitter and the Internet,” Mr. Wyden said. “Advances in technology gave government officials the power to invade individual privacy in a host of new ways.”