FISA and Wiretaps: Call Before Tuesday's Vote

Update: Due to the death of former Sen. Jesse Helms, the vote has been moved to Wednesday. ArsTechnica echoes the assessment that the bill is "worse than you think." We've been given a day's reprieve: act on it!

Please watch this 18 minute video (tip) that The 4-Hour Work Week author Tim Ferriss conducted with Daniel Ellsberg (the Pentagon Papers) about FISA (Foreign Intelligence Surveillance Act) reauthorization. A Senate vote is slated for Tuesday, 8 July.

When I talk about FISA to a lot of folks, their eyes glaze over or they say something like, "I don't have anything to hide. If this helps catch terrorists, I'm all for it." Listen to Ellsberg explain why you really should care.

Although much of the media attention and organized rhetoric (including mine) has focused on immunity for telecommunications firms complicit in warrantless wiretapping on behalf of the Bush Administration, experts insist that there are larger potholes in this "re-authorization" bill.

Congress passed FISA in 1978 in response to abuses of the 4th Amendment evident in the Kennedy, Johnson and Nixon Administrations, according to Ellsberg. FISA affirms that the surveillance prohibitions of the 4th Amendment extends to "electronic surveillance" -- no tapping without a warrant.

What Happens On Tuesday
When the Senate and House passed different versions of the reauthorization bill, Congress assigned a conference committee to develop a "compromise" bill. The House has already passed this bill (see how your Rep voted); the Senate is in the process of doing so. But before voting on the bill, the Senate will take up three amendments:

• The Dodd-Feingold-Leahy amendment would strike telecom immunity;
• The Specter amendment would empower the court to revoke immunity if it determines that the NSA warrantless spying program was unconstitutional; and
• The Bingaman amendment -- supported by EFF and the ACLU -- would "stay the pending lawsuits until 90 days after the Inspector General reports, thereby preventing Congress from not knowing what it would be immunizing."

After these three votes, the Senate will then vote on the final bill. If any amendment passes before the bill passes, the bill will return to conference committee, delaying implementation and providing future opportunity to amend the bill.

What Can You Do?
(1) Call your Senator -- Democratic or Republican (but you'll have a better chance convincing Democrats, based on past votes) -- and ask them to vote "no" on FISA reauthorization.
(2) Join netroots pressure on Sen. Barack Obama (D-IL), who has back-pedaled on his pledge to oppose telecom immunity. There is a group on the Obama website as well as a Facebook group and MoveOn petition. Also see the WetPaint wiki. Campaign phone: 866.675.2008 . Senate phone: 202.224.2854; Senate fax: 202.228.4260. Form mail.
(3) Put netroots pressure on Sen. John McCain (R-AZ). Campaign phone: 703.418.2008. Senate phone: 202.224.2235; Senate fax: 202.228.2862. email: john_mccain@mccain.senate.gov

Cell Phone Surveillance
In related news, EFF and the ACLU "have filed a lawsuit asking a federal court to order the Department of Justice to turn over records related to the government's use of people's mobile phones as tracking devices."

What? You didn't know that the government could use your cell phones to pinpoint your location? And that they were doing so without warrants? Remember, those same telecoms that are part of the FISA warrantless wiretapping amnesty provision also operate cell phone services.

More background from Glenn Greenwald @ Salon on telecom immunity; Greenwald is an author and former constitutional law and civil rights litigator.