Intelligence needed in handling of intercepts

Washington Post:

Citing a "period of heightened threat" to the U.S. homeland, Director of National Intelligence Mike McConnell asked Congress to "act immediately" to make changes in current law to permit the interception of messages between terrorist targets overseas, which he said now requires burdensome court orders.

In a July 25 letter made public yesterday, McConnell told the chairman of the House Permanent Select Committee on Intelligence, Rep. Silvestre Reyes (D-Tex.), that he hopes Congress "will be able to act immediately . . . to provide the legislative changes needed to protect the nation in this period of heightened threat."

At issue is a package of changes that the Bush administration wants in the Foreign Intelligence Surveillance Act (FISA) to facilitate the continuation of its terrorist surveillance program. Congress has delayed amending the program pending further study.

Stepping up the pressure on lawmakers after the recently released terrorist threat assessment, McConnell said that "clarifications are urgently needed" in the law to enable the use of "our capabilities to collect foreign intelligence about foreign targets overseas without requirements imposed by an out-of-date FISA statute."

He added, "As the head of our nation's intelligence community, I am obligated to provide warning of threats of terrorist activity, and I have deep concern about the current threat situation."

The underlying question hinges on modern technology: When communications between one foreign-located source and another foreign-located source travel through a U.S.-located terminal or switch, can they be intercepted without a warrant?

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This situation is mainly the fault of the NY Times and the paranoia of some Democrats on the issue of intercepting enemy communications. If we miss intelligence that would prevent an attack it will be their fault for requiring the administration to jump through hoops while the enemy is in the process of communicating his plans. If they were people of common sense rather than Democrats they would just abolish the FISA requirements during a time of war. If they cannot go that far they should make exceptions for communications outside the country if any party is outside the country regardless of whether their is a switch inside the US.

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