Democrats propose "compromise" on intercepts

Washington Post:

Congressional Democrats outlined a temporary plan yesterday that would expand the government's authority to conduct electronic surveillance of overseas communications in search of terrorists.

The proposal, according to House and Senate Democrats, would permit a secret court to issue broad orders approving eavesdropping of communications involving suspects overseas and other people, who may be in the United States. To issue an order, the court would not need to identify a particular target overseas, but it would have to determine that those being targeted are "likely," in fact, overseas.

If a foreign target's communications to a person inside the United States reaches a "significant" number, then an court order based on probable cause would be required. It is unclear how "significant" would be defined.

Under a sunset provision, the authority would have to be revisited in six months.

"Given the continued threat environment and some recent technical developments, I have become convinced that we must take some immediate, but interim, step to improve collection of foreign intelligence in a manner that doesn't compromise civil liberties of U.S. citizens," said John D. Rockefeller (D-W.Va.), chairman of the Senate Select Committee on Intelligence.

In recent days, the administration has proposed giving the attorney general sole authority to authorize the surveillance, suggesting that if Democrats do not act quickly Americans would be at greater risk of attack.

Democrats said that giving sole authority to the attorney general would be unacceptable and insisted that the secret Foreign Intelligence Surveillance Court have an oversight role.

Some civil liberties advocates were pleased.

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That terrorist rights advocates are pleased is a bad sign. The so called compromise offers only a veneer of judicial review of the surveillance. It is silly, stupid and idiotic to require such in a time of war. It is also probably an unconstitutional usurpation of presidential authority that properly resides in the executive branch. The idea that you need court approval to intercept enemy communications is just absurd. It is driven by the paranoia of democrats who do not trust the executive branch when it is in the hands of Republicans.