As expected, President Bush signed
the FISA Amendments Act of 2008 into law Thursday morning, revamping the
United States’ aging surveillance rules and granting telecommunications
companies amnesty for their assistance in a post-9/11 mass wiretap.
Under the new law, the government gains a number of sweeping new
surveillance powers, in addition to a number of additional limitations to work
under. One such expansion allows the government to force e-mail providers to
forward the government all communications where one side of the party is
believed to be overseas – including e-mail, phone conversations, and text
messages. Such surveillance includes a number of rules designed to protect the
privacy of American citizens.
Meanwhile, the American Civil Liberties Union announced
a counterattack just hours after the law’s signing, filing a lawsuit in the
U.S. District Court for the Southern District of New York on behalf of a wide
range of plaintiffs, including attorneys, journalists, and human rights
organizations.
Journalists Chris Hedges and Naomi Klein of The Nation said the law
creates a chilling
effect on their international reporting -- since their jobs requires
speaking with overseas parties that often work against American objectives,
their contacts might be wary of further communication. Hedges, in particular,
says that one of his sources – a secret contact close to Hamas – is already
more hesitant to speak openly.
Hedges compared the passage of FISA to the tactics of authoritarian regimes
he had previously worked inside, noting that their objective was to openly
“prevent any dissidents, anybody who had information that countered the
government” from contacting him.
“I have little doubt that the passing of this FISA bill essentially brings
this type of surveillance system, and the effectiveness of that system, to the
United States,” said Hedges.
The ACLU’s lawsuit asks the court to stay FISA’s immunity provisions until
their constitutionality is fully evaluated.
The EFF says it will continue its supervision of the – possibly doomed – 40+
lawsuits filed against AT&T, Verizon, and others, and it is also “preparing a new
case” against the government for its wiretapping program, “past, present,
and future.”
Both the EFF and ACLU argue that the FISA’s dismissal of the lawsuits – the
legislative branch interfering with the judicial branch, essentially – violates
the constitutional principle of separated
government powers.
The FISA amendments’ opponents fought long and hard in their attempts to
scuttle the law before its signing, with opposition Senators attempting to
stall proceedings with a filibuster and amendments that would have watered it
down. Congress ultimately voted down these attempts, and instead allowed the
bill a swift trip through both
branches
of Congress. Previous FISA law was set to expire in August, and many feel that
Congress hastened the amendments’ passage in order push them out the door
before the deadline. Previous attempts to update FISA died in Congress earlier
this year, after grinding
into a Congressional deadlock – talks were immensely complicated by a
Presidential vow to veto any reform that failed to include the immunity
provision.