The debate over reforming FISA is one of the most important we have had in Congress. I have consistently argued that we have time to get this right. The existing FISA statute has served us well and will continue to do so until we enact a more balanced FISA reform bill. This is not that bill.

There’s a lot that can be said about this bill’s shortcomings – it permits a “fishing expedition” approach to intelligence collection, it contains weak and narrowly defined court review provisions for the government’s surveillance requests, and it will make it impossible for American citizens to determine whether the telecommunication firms engaged in illegal activities.

Perhaps the most troubling aspect of this bill is this: it codifies a major departure from the Constitution by the Bush Administration. According to the Bush Administration, for our own safety, we had to remove the requirement for particular court warrants and court oversight. I disagree. The result is that the same people who do the surveillance are the ones who determine whether you, I, our neighbors, our congregation members, or anyone is a “bad guy.” That removes a fundamental protection for American citizens.

There is an age-old principle used to avoid imagining someone is an enemy or a danger to society. The people who would seize persons, papers, and communications are not the same people who determine that the target should be suspect. A court considers the particular facts and then issues a particular search warrant. Neither police nor intelligence agents should decide who is suspect. It is an important principle that is part of what makes the United States of America what it is: the government does not regard any American with suspicion first. Only after due process is a person treated with suspicion. No individual, no class, no religion, no immigrant is lesser in the eyes of the government.

This is one of the reasons I voted “no” on the FISA Amendments Act. Granting the executive branch sweeping, unwarranted, and unconstitutional surveillance powers is a decision we are likely to rue, and soon.

This entry was posted on Tuesday, June 24th, 2008 at 9:41 am and is filed under Politics .