The House is scheduled to vote this week on a bill reauthorizing
the Foreign Intelligence Surveillance Act for another five years. The vote is scheduled despite
complaints from Democrats at a hearing in May that they still have little
information to evaluate the program that allows the government to intercept
phone calls, emails and online communications. CCIA believes that developments
since FISA’s initial passage justify a thorough review of the law’s
utilization, benefits and impact on citizens.
When Congress passed FISA in 2008, giving them sweeping new powers
to surveil electronic communications of Americans’ international
communications, the bill contained some checks and balances including a
requirement that the DOJ issue semi-annual reports to Congress on how the
government has implemented the law and complied with restrictions designed to
reduce the risk of civil liberties violations.
Some members of Congress have been trying to get basic information
on the program ahead of FISA’s renewal, including how many Americans have been
targets of the law. So far, Congressman John Conyers, D-Mich., Congressman
Jerold Nadler, D-NY and Congressman Bobby Scott, D-Va., offered amendments to
improve the bill, but it passed the House Judiciary Committee in May without
those provisions. In addition, since then both parties have included Internet
freedom provisions in their party platforms and have spoken out against
government overreach after the failed SOPA bill. We hope others on a bipartisan
basis will not rush to judgment on FISA ratification.
Given the breadth of Internet-related issues from data retention
to the Electronic Communications Privacy Act, Congress needs to be looking at
the principles behind these issues holistically and be taking careful, informed
action with regard to the Internet instead of legislating in the dark.
The Computer & Communications Industry Association has long
advocated for Internet openness and freedom and using the Internet as a tool
for enhancing democracy, rather than spying. The following can be attribute to
CCIA President & CEO Ed Black:
“CCIA joins members of Congress, privacy advocates and others
calling for more information about the scope and operation of the FISA program.
It’s important for Congress and citizens to understand how these government
surveillance powers are being used and how well the DOJ is following measures
within the law to protect basic rights and freedoms. It makes little sense to
rubber stamp a program ahead of having the information needed to review it –
that’s why we have this review and renewal period.
“Much has happened since Congress approved surveillance in 2008.
The protests over the SOPA bill showed that people deeply care about their
privacy and freedom online. Both parties put Internet freedom in their
platforms and Republicans even added that personal data should receive full
constitutional protection from government overreach.
“No one will know if we have overreach or not as the
implementation of this law has remained so shrouded in secrecy. Without more
information, it’s hard to evaluate and weigh the possible benefits of FISA
versus the threat to the civil liberties and Constitutional rights of Americans.
“As the US tries to head off greater international control over
Internet communications, it has to be especially careful about the precedents
we set in spying on our citizens. We believe it is possible to protect the
nation and still protect the principles of freedom that make the nation so
worth protecting.”
