Give Bush MORE of Your Privacy!

[RedGlitter]

New York Times

August 11, 2007

Editorial

The Need to Know

Like many in this country who were angered when Congress rushed to rubber-stamp a bill giving President Bush even more power to spy on Americans, we took some hope from the vow by Congressional Democrats to rewrite the new law after summer vacation. The chance of undoing the damage is slim, unless the White House stops stonewalling and gives lawmakers and the public the information they need to understand this vital issue.

Just before rushing off to their vacations, and campaign fund-raising, both houses tried to fix an anachronism in the 1978 Foreign Intelligence Surveillance Act, which requires the government to get a warrant to eavesdrop on conversations and e-mail messages if one of the people communicating is inside the United States. The court that enforces the law concluded recently that warrants also are required to intercept messages if the people are outside the United States, but their communications are routed through data exchanges here.

The House and Senate had sensible bills trying to fix that Internet-age problem, which did not exist in 1978. But that wasn’t enough for Mr. Bush and his aides, who whipped up their usual brew of fear to kill off those bills. Then they cowed the Democrats into passing a bill giving Mr. Bush powers that go beyond even the illegal wiretapping he has been doing since the 9/11 attacks.

The new measure eviscerates the protections of FISA, allowing the attorney general to decide when to eavesdrop — without a warrant — on any telephone call or e-mail message, so long as one of the people communicating is “reasonably believed to be outside the country. The courts have no real power over such operations.

The only encouraging notes were that the new law has a six-month expiration date, and that leaders of both houses of Congress said they would start revising it immediately. But there’s a big catch: most lawmakers have no idea what eavesdropping is already going on or what Mr. Bush’s justification was in the first place for ignoring the law and ordering warrantless spying after 9/11.

The administration has refused to say how much warrantless spying it has been doing. Clearly, it is more than Mr. Bush has acknowledged, but Americans need to know exactly how far their liberties have been breached and whether the operation included purely domestic eavesdropping. And why did Mr. Bush feel compelled to construct an outlaw eavesdropping operation — apart, that is, from his broader effort to expand presidential power and evade checks and balances?

It’s not that FISA makes it too hard; the court approves virtually every warrant request. It’s not an issue of speed. The law allows the government to initiate surveillance and get a warrant later if necessary.

Instead of answering these questions, the administration has done its best to ensure that everyone stays confused. It has refused repeated requests by Senator Jay Rockefeller, the Democratic chairman of the Senate Intelligence Committee, for documents relating to the president’s order creating the spying program, and the Justice Department’s legal justifications for it.

When this issue resurfaces, Mr. Bush will undoubtedly claim executive privilege, as he has done whenever he has been asked to come clean with Americans about his decision-making. But those documents should be handed over without delay for review by all members of Congress. We also agree with the American Civil Liberties Union, which has petitioned the FISA court, which normally works in secret, to make public its opinion on the scope of the government’s wiretapping powers.

If Mr. Bush wants Americans to give him and his successors the power to spy on them at will, Americans should be allowed to know why it’s supposedly so necessary and how much their freedoms are being abridged. If Congress once again allows itself to be cowed by Mr. Bush’s fear-mongering, it must accept responsibility for undermining the democratic values that separate this nation from the terrorists that Mr. Bush claims to be fighting.