netmouse: (south park ninja)
netmouse ([personal profile] netmouse) wrote2008-07-09 11:30 am

Ask your senator to vote against HR 6304 (right now please. thanx)

To quote Novapsyche's post, there is still time to call your Senators regarding the capitulation on FISA (aka, the evisceration of the 4th Amendment).

The bill is H.R. 6304 and i have seen it described as a confirmation of the legal king model of government since it basically protects people (in this case, telecommunication companies) from being prosecuted for illegal activities because the president asked them to do them.

I would prefer to live in a country where presidential fiat does not make it ok for people to break the law, especially regarding the privacy of citizens, and in order for that to be true, we need to defeat this bill. please call your senator now.

[identity profile] arkaycee.livejournal.com 2008-07-12 11:36 pm (UTC)(link)
From the second link...

• H.R.6304 contains an "exigent" circumstance loophole that thwarts the prior judicial review requirement. The bill permits the government to start a spying program and wait to go to court for up to 7 days every time "intelligence important to the national security of the US may be lost or not timely acquired." By definition, court applications take time and will delay the collection of information. It is highly unlikely there is a situation where this exception doesn’t swallow the rule.

This concept and its corollaries (i.e. that too much time will be lost because the FISA court will be slow to act) was totally repudiated by the FISA court's most recent past head. I heard him speaking to the American Library Association on NPR about a year ago, and he said that it was a very speedy thing when it needed to be -- he was stuck in traffic caused by the smoke of the burning Pentagon on 9/11 and said he had already approved a half-dozen warrants from his car dealing with the attacks before he even got free of the traffic jam. He was very clear in stating that this was a bogus assertion to the need for the warrantless program.