Tierney seeks curb on federal spy law

WASHINGTON – U.S. Rep. John F. Tierney railed Friday against what he described as attempts by the White House to thwart reform of the Foreign Intelligence Surveillance Act (FISA), legislation enacted in the 1970s as the exclusive process through which interceptions of communications could be advanced.FISA has undergone many amendments since then, most recently last year when Congress approved the Protect America Act, which President George W. Bush asserted is vital to national security.According to Tierney, a Salem Democrat and member of the House Permanent Select Committee on Intelligence, the latest changes jeopardize the civil rights of all Americans.”My position on reforming FISA has been clear – we need not sacrifice our rights to fear, nor should we compromise security to any unreasonable concern for the protection of liberties,” he said. “Since the nation was founded, and through threats far more severe than the present and much more existential, we have been able to balance security and liberties under the Constitution.”In the most basic sense, the Protect America Act and related legislation was enacted to give the government a temporary tool to gather vital information to ward off a terrorist threat following the attacks of Sept. 11, 2001. It was not meant as permanent legislation that potentially jeopardizes the privacy and civil rights of all Americans.But the Bush Administration has pushed for its continuity and sought expansion of its powers. When authorized by Congress last August, the President said, “We know that information we have been able to acquire about foreign threats will help us detect and prevent attacks on our homeland. Mike McConnell, the director of National Intelligence, has assured me that this bill gives him the most immediate tools he needs to defeat the intentions of our enemies. And so, in signing this legislation today, I am heartened to know that his critical work will be strengthened and we will be better armed to prevent attacks in the future.”Despite Tierney’s objections, the Protect America Act was passed, further amending FISA.”It was intended to expire by a certain date so Congress could continue to debate the issue and enact a replacement,” the congressman said Friday. “Now, with last week’s expiration of the act, much is being made by the White House that the intelligence needed to keep our country safe can no longer be collected. This is simply not true.”Tierney said the White House is using fear tactics to take way America’s liberties.”It’s time that we stop generating fear as a motivating force in America and start addressing our serious security concerns with reason and intelligent action,” he said, stressing that the U.S. House of Representatives and the Senate finalize a successor bill to the so-called “Protect America Act” that, at a minimum, accomplishes several things – among them:Provides all the necessary authorities for information collection under appropriate judicial review.Refuses to accept President Bush’s and his administration’s attempts to so broaden authorities as to allow intercepts of American citizens without appropriate judicial scrutiny.Accommodates any emergencies by allowing for temporary emergency intercepts pending later application for court approval.Tierney also took aim at the issue of providing retroactive immunity to the telecommunications companies that provided the government with confidential information on private citizens. He suggested that laws already in existence would have provided adequate legal protection for these companies, presuming the tenets were followed.”Ultimately, we must travel down a reasoned path to craft final legislation that provides all the security we need and must have as well as all the civil liberty protection our Constitution ensures,” he said.