Fergie's Tech Blog

Defense Tech: Specter Hearts NSA Spying

Via Defense Tech.

Patrick Radden Keefe originally wanted to call his examination of Sen. Arlen Specter's so-called "compromise" bill on NSA spying, "Don't Shit in my Hand and Call it a Sundae." His editors at Slate declined, alas. Luckily, they seem to have left Patrick alone for the rest of his analysis of Specter's 18-page legal ejecta. Here's a chunk:

Review by the FISA court is optional. Whereas under the 1978 law, the president could authorize surveillance without seeking a warrant for up to 15 days after a declaration of war, Specter's bill eliminates the declaration-of-war provision and expands that 15-day grace period — to a year.

And Specter is just getting warmed up. Toward the end of the bill, a few sly additions demonstrate that everything else, accommodating though it seemed, was mere preamble. Section 801 proposes to amend FISA by inserting the phrase, "Nothing in this Act shall be construed to limit the constitutional authority of the President to collect intelligence with respect to foreign powers and agents of foreign powers." In other words, none of the constraints just outlined should be interpreted as absolute, because nothing in the preceding pages counts!

posted by Fergie @ 7/19/2006 04:00:00 PM