Congress caves on US wiretap law

By Michael Fraase

Saturday, 21 June 2008 10:58AM CST

Section: Privacy

WiretapThe US Congress settled on a deal this week to overhaul the rules governing the US government’s ability to wiretap voice and data network communications. If that’s not disturbing enough, the same members also agreed to provide retroactive immunity to the telecommunications corporations that actually perform the eavesdropping.

The deal allows the US government to wiretap the communications of foreign nationals without warrants and to warrantlessly eavesdrop on domestic communications for up to a week in emergency situations where national security information might be lost. In non-emergency situations, or after a week of an emergency, the administration would be required to obtain a court order from the Foreign Intelligence Surveillance Act (FISA) court.

The one glimmer of good news? The brokered deal, negotiated with the Bush administration by Senate Intelligence Committee Chair Jay Rockefeller (D-West Virginia), Senator Kit Bond (R-Missouri), House Minority Whip Roy Blunt (R-Missouri), and House Majority Leader Steny Hoyer (D-Maryland), will expire at the end of 2012 unless Congress renews it.

The US House of Representatives, after having held out against granting immunity to the telecoms, passed the bill yesterday, 293-129. The US Senate is expected to pass the bill quickly, perhaps as early as Monday.

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