Electronic Surveillance Modernization Act AKA shredding the 4th Amendment

Last night the US House of Representatives approved (232-191) H.R. 5825, the “Electronic Surveillance Modernization Act,” supposedly designed to “modernize” the Foreign Intelligence Surveillance Act (FISA).

In December 2005, Congress and the American people learned through press reports in the New York Times, that the president had authorized the National Security Agency (NSA) (and thereby communications companies) to circumvent the law by undertaking a sweeping program of secret surveillance that captured the private communications of US citizens without judicial oversight.

The program was in simple language a clear violation of both FISA and the National Security Act, which requires notification to the full House and Senate intelligence committees.

The president claimed that he had authorized the program because the FISA procedures were too slow and cumbersome to enable the government to carry out effective surveillance of terrorist operatives. That claim has never been substantiated.

The final bill not only ratifies the NSA program but authorizes its expansion and would if approved by the senate on their return:

1. Redefine “electronic surveillance” to permit the government to intercept without a warrant not only international calls and emails to or from spies and terrorists, but every call or email entering or leaving the United States.
2. Allow the US government to retain and use communications of U.S. persons (and overseas citizens - but fuck them ) acquired in the course of warrantless surveillance.

3. Provide immunity (retrospectively) from liability to communications service providers (AT & T etc.,) who gave the government access to private communications from 9/11 until 60 days after the enactment of the bill.
4. Amends the National Security Act of 1947 so as to eliminate the requirement that the President keep House and Senate intelligence committee members “fully and currently informed” of intelligence activities and so remove democratic oversight.

The aim of the supporters of this bill is not to modernize FISA, but to eviscerate it and to negate current actions in the courts by providing restrospective immunity from illegal activity, which is a legal novelty. FISA was enacted 30 years ago to ensure that the government can conduct necessary surveillance of spies and terrorists while protecting the Fourth Amendment right of ordinary US citizens and to provide judicial and democratic oversight.

It is another step in making the US Constitution a historically curious piece of paper, and thereby destroying citizens their rights protected by a written constitution.The vote was 232-191 - the roll call of those who played their small part in destroying the Constitution is available here.

You can find out how to check if your Internet activity is being examined by the NSA program here.

U.S. Constitution: Fourth Amendment 1791

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.