OpenCongress - H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

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by donnyshaw |

Jun 23, 2008(2 months ago) |

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Overall Rating: 10.0 |

| 6 of 6 found useful.

Kevin Drum has a great post looking at parts of this bill other than the much-discussed telecom immunity provision. The bill will allow the NSA to engage in wholesale data monitoring of communications that sometimes involve U.S. persons. It's a process based on a software algorithm, and he raises important questions about how oversight of a complex program like this is conducted.

http://www.washingtonmonthly.com/archives/individual/2008_06/013956.php

"The oversight on this stuff is inherently weak. After all, no court can seriously evaluate algorithms like this and neither can Congress. They don't have the technical chops. Do the algorithms use ethnic background as one of their parameters? Membership in suspect organizations? Associations with foreigners? Residence in specific neighborhoods? Nobody knows, and no layman can know, because these things most likely emerge from other parameters rather than being used as direct inputs to the algorithm.

For all practical purposes, then, the decision about which U.S. citizens to spy on is being vested in a small group of technicians operating in secret and creating criteria that virtually no one else understands. The new bill requires annual review by Inspectors General of the government's compliance with targeting and minimization procedures, which is better than nothing, but stronger amendments aimed at limiting the targeting of U.S. citizens were specifically rejected."

by Jaden |

Jun 24, 2008(2 months ago) |

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Overall Rating: 5.0 |

| 1 of 1 found useful.

Proponents of this resolution claim that it "strikes a balance between security, and privacy".
Even if that statement were true, I must argue that on some issues, such "balance" is wholly inappropriate.
This is one of those issues.
The monitoring of American's communications by the American government, without first obtaining a warrant, or, in most cases even having any probable cause (other than information obtained via warrant-less surveillance,)is an unacceptable breach of the constitutional contract between the Federal Government and the American Citizen.
No amount semantically charged debate about the imaginary differences between the words "surveillance" and "spying", or any amount of fear mongering will change the fact that our elected officials have instituted (or at the very least allowed the institution), of a domestic spying program.
After the Berlin Wall came down, I remember how appalled Americans were upon the discovery of warehouses full of STASI documents collected by the East German government detailing East German Citizen's communications. I remember that this discovery was used as a shining example as to why democracy is a better system than communism.
So now I wonder... If all of the American communications, collected by the U.S. Government were stored on paper rather than on hard drives, how many comparable warehouses would we have already filled, how many more will we fill, and how many of the boxes filled with all that paper in all of those warehouses would have your name on them?

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by MattAgnello |

Jul 10, 2008(about 1 month ago) |

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Overall Rating: 5.0 |

| 2 of 2 found useful.

Whether they acted legally is for a COURT to decide, not Congress.

by georgec |

Jul 01, 2008(2 months ago) |

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Overall Rating: 5.0 |

| 0 of 1 found useful.

A DEMOCRACY THAT WORKS?????????? Where have you been for the last 20 years? America the beautiful has more people in prison or jail than any country in the world. We live in a POLICE STATE. Our government created chaos so it would be easier to control us.(ie:WAR ON DRUGS,WAR ON CRIME,WAR ON TERROR). Has any thing gotten any better? Do not trust the government!!!!!!!!!

by Anonymous |

Jun 29, 2008(2 months ago) |

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Overall Rating: 5.0 |

| 0 of 2 found useful.

A democracy that still works? For who? The rich and powerful. Only those that have money can afford to run for a seat in government anymore. This government is more concerned with spending billions on foriegn wars and aid while our own nations infrastructure is failing, millions are without health care, and millions more are without a job.

This bill is just another tool for the government to slowly leech our freedoms away from us and use it to control us. There is no way anyone can be certain that if such a program was in place before 9/11 that it would have stopped what occurred. Unfortunately not only were 3000 US citizens killed, but also our freedoms. That death has just been a more agonizing and slow death.

by Anonymous |

Jun 30, 2008(2 months ago) |

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Overall Rating: 10.0 |

| 3 of 3 found useful.

With this issue of FISA violations the American people actually had an avenue they could pursue on their own to hold accountable those violating our civil liberties (The Telecoms and the Bush Administration).

Congress cowered to the Bush Administration and never launched any action while they knew that this Administration had been violating civil rights and breaking the law (See Senator Dodd's speech on 6/25 for a detailed report). So, why no charges filed by Congress? Why no Impeachment? The answer, Politics.

The American people had an avenue to pursue which would force the courts (The Judiciary Branch) to find guilty the henchmen (The Telecoms) and the true perpetrators (The Bush Administration - Bush himself).

This FISA bill blocks the American people from being able to act while our Representatives are too busy playing politics and take no actions on our behalf.

Telecom Immunity takes away the only avenue the American people have to hold accountable those who broke and still break the law. With this Bill, Congress takes away all power from the people. This Bill ends all court cases levied against the Telecoms by The People.

With the passage of this Bill, the true perpetrators of the crimes against the American People are free to go with no accountability. Congress plays Judge and Jury with only one purpose, Politics.

The Democrats don't want to be blamed for "Not Protecting America" and the Republicans want to protect their President and Party.

God, Bless America, we all need it!

by Anonymous |

Jun 30, 2008(2 months ago) |

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Overall Rating: 5.0 |

| 1 of 2 found useful.

I have a hard time taking the Democrats seriously on this one. They don't even define 'terrorism' and that is something the American people want to know before the bill is passed. If they can't define what they are looking to combat through this bill passing than I'm just going to have to accept that it will be purges all over again.

by Anonymous |

Jul 02, 2008(2 months ago) |

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Overall Rating: 5.0 |

| 0 of 2 found useful.

There _was_ already fore knowledge of 9/11 before it happened. Nothing was done about it. They knew about it before it happened, and let it happen.

While I don't agree to every statement of the 'truthers', I do know, by photographic evidence, that it was no commercial airliner that hit the Pentagon. I also know that construction grade steal does not melt at the temperatures that kerosene burns at (which is almost identical to the temperature that jet fuel burns at).

by Anonymous |

Jul 02, 2008(2 months ago) |

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Overall Rating: 7.0 |

| 2 of 3 found useful.

This bill needs to be completely revoked. There is no reason for American Citizens to be subject to illegal wiretaps, of any sort.

No terrorist organization, or act, can take away our liberties. We can only give them away, or let the government take then, "for our own good".

If the decision in Washington D.C. to lift the gun ban becomes more wide spread, more citizens will be armed to combat any attempt in terror.

It is a proven fact that areas with gun bans are more prone to violent crimes then locations that have a "shall issue" conceal carry. Places that are gun banned can also be thought of as a sociopath's or terrorist's playground. They KNOW that no one is going to be able to stop them before they have their day.

by Anonymous |

Jul 07, 2008(2 months ago) |

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Overall Rating: 5.0 |

| 0 of 2 found useful.

Madness:: Doing the same thing over & over again, expecting different results... When will the Madness end...**

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by Remixer96 |

Jul 09, 2008(2 months ago) |

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Overall Rating: 10.0 |

| 4 of 4 found useful.

First, there hasn't been a legal dispute among domestics because no one has been able to prove they've been harmed by the program.... because information that would prove that has been classified as secret by the Justice Department.

Second, unless they define terrorist, they can claim anyone who has ever been maligned in some fashion is a terrorist. Without an explicit definition, things wil most certainly not bode well for the aplication of this law as it was intended.

Third, let's look at a key example, where the government literally plugged into the Internet stream at AT&T to listen in on everyone. That captures foreign data, sure, but the specs that were leaked showed technology to capture ALL data flows, including domestic to domestic.

I think the idea that "it's only academic" is a horrible line of reasoning. Not only does this destroy barriers of privacy, but increasing the data that governmetn can collect does nothing if it can't process it quick enough, which is where the government is still having the MOST trouble... but no one seems to want to write a bill about that.

So, giving up my privacy for a negligible gain in safety? No thank you.

by steve_hunt_okc |

Jul 12, 2008(about 1 month ago) |

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Overall Rating: 5.0 |

| 1 of 1 found useful.

Obama is starting to look like another Bill Clinton, only with a slightly different interest in the Tyson Corporation.

Moderated Comment

by donnyshaw |

Jul 14, 2008(about 1 month ago) |

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Overall Rating: 5.0 |

| 2 of 2 found useful.

Check out these awesome flow charts explaining how this bill changes the old FISA law:

http://tinyurl.com/6s4go4

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My Vote	All Votes
Aye	Ayes:1
Nay	Nays:92

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.

OpenCongress Summary:
This is Congress' surveillance bill that was recently signed into law. It includes a controversial provision giving retroactive immunity to the telecom companies that assisted the Bush administration in its warrantless wiretapping program.

Other Bill Titles (9 more)

6/19/2008--Introduced.
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence (DNI) to jointly aut... morehide bill summarySee Full Bill Text

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Committees

Amendments

This bill has 5 amendments. See All AmendmentsHide All Amendments

Number	Status	Purpose
S.Amdt.5058	Offered	Amendment information not available.
S.Amdt.5059	Offered	To limit retroactive immunity for providing assistance to the United States to instances in which a Federal court determines the assistance was provided in connection with an intelligence activity that was constitutional.
S.Amdt.5060	Offered	Amendment information not available.
S.Amdt.5064	Fail	To strike title II.
S.Amdt.5066	Offered	To stay pending cases against certain telecommunications companies and provide that such companies may not seek retroactive immunity until 90 days after the date the final report of the Inspectors General on the President's Surveillance Program is submitted to Congress.

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		This Bill Has Become Law
June 19, 2008		June 20, 2008		July 09, 2008		July 10, 2008		July 10, 2008

Latest Vote

July 09, 2008Roll call number 168 in the Senate
Question: On Passage of the Bill (H.R. 6304 )
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 69%	Result: Bill Passed

See Full Voting History (7 votes)Hide Voting History Show All Actions (27 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
July 09, 2008	Senate	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On Passage of the Bill (H.R. 6304 )	69	28	Bill Passed	See Vote
July 09, 2008	Senate	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On the Cloture Motion (Motion to Invoke Cloture on H.R. 6304 )	72	26	Cloture Motion Agreed to	See Vote
July 09, 2008	Senate	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On the Amendment (Bingaman Amdt. No. 5066 )	42	56	Amendment Rejected	See Vote
July 09, 2008	Senate	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On the Amendment (Specter Amdt. No. 5059 )	37	61	Amendment Rejected	See Vote
July 09, 2008	Senate	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On the Amendment (Dodd Amdt. No. 5064 )	32	66	Amendment Rejected	See Vote
June 25, 2008	Senate	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to H.R. 6304 )	80	15	Cloture on the Motion to Proceed Agreed to	See Vote
June 20, 2008	House	H.R.6304 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 On Passage: H R 6304 FISA Amendments Act of 2008	293	129	Passed	See Vote

All Bill Actions

Enacted on Jul 10, 2008. Became Public Law No: 110-261.
Signed on Jul 10, 2008.
Jul 09, 2008. Presented to President.
Jul 09, 2008. Cleared for White House.
Jul 09, 2008: Message on Senate action sent to the House.
Passed roll in the Senate on Jul 09, 2008. Passed Senate without amendment by Yea-Nay Vote. 69 - 28. Record Vote Number: 168.
Jul 09, 2008: Cloture invoked in Senate by Yea-Nay Vote. 72 - 26. Record Vote Number: 167.
Jul 09, 2008: Considered by Senate.
Jul 08, 2008: Measure laid before Senate by motion.
Jul 08, 2008: Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent.
Jun 26, 2008: Cloture motion on the measure presented in Senate.
Jun 26, 2008: Motion to proceed to measure considered in Senate.
Jun 25, 2008: Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 80 - 15. Record Vote Number: 158.
Jun 23, 2008: Cloture motion on the motion to proceed to the measure presented in Senate.
Jun 23, 2008: Motion to proceed to consideration of measure made in Senate.
Passed roll in the House on Jun 20, 2008. On passage Passed by the Yeas and Nays: 293 - 129 (Roll no. 437).
Jun 20, 2008: The previous question was ordered without objection.
Jun 20, 2008: DEBATE - The House proceeded with one hour of debate on H.R. 6304.
Jun 20, 2008: Rule provides for consideration of H.R. 6304 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
Jun 20, 2008: Considered under the provisions of rule H. Res. 1285.
Jun 20, 2008: Rule H. Res. 1285 passed House.
Added to calendar on Jun 20, 2008: Received in the Senate. Read twice. Ordered Placed on Senate Legislative Calendar under General Orders. Calendar No. 827..
Jun 19, 2008: Rules Committee Resolution H. Res. 1285 Reported to House. Rule provides for consideration of H.R. 6304 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
Jun 19, 2008: Referred to House Intelligence (Permanent Select)
Jun 19, 2008: Referred to House Judiciary
Jun 19, 2008: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced on Jun 19, 2008.

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In the News

July 24, 2008 Angry Bloggers On Left And Right Unite Over FISA

by Martin Kaste President George W. Bush signs HR 6304, the FISA Amendments Act of 2008, in the White House Rose Garden on July 10. ...