McConnell explains importance of surveillance

Washington Post:

For three days, Mike McConnell, the director of national intelligence, had haggled with congressional leaders over amendments to a federal surveillance law, but now he was putting his foot down. "This is the issue," said the plain-spoken retired vice admiral and Vietnam veteran, "that makes my blood pressure rise."

McConnell viscerally objected to a Democratic proposal to limit warrantless surveillance of foreigners' communications with Americans to instances in which one party was a terrorism suspect. McConnell wanted no such limits. "All foreign intelligence" targets in touch with Americans on any topic of interest should be fair game for U.S. spying, he said, according to two participants in the Aug. 2 conversation.

McConnell won the fight, extracting a key concession despite the misgivings of Democratic negotiators. Shortly after that exchange, the Bush administration leveraged Democratic acquiescence into a broader victory: congressional approval of a Republican bill that would expand surveillance powers far beyond what Democratic leaders had initially been willing to accept.

Yet both sides acknowledge that the administration's resurrection of virtually unchecked Cold War-era power to surveil foreign targets without warrants may be only temporary. The law expires in 180 days, and Democrats, smarting from their political defeat, have promised to alter it with new legislation to be prepared next month, when Congress returns from its recess.

"The real train wreck happens in September," said a senior administration official involved in the negotiations with Congress. He was referring to House Speaker Nancy Pelosi's declaration hours after the bill's passage that portions are "unacceptable" and that the public will not want to wait six months "before corrective action is taken."

Until September -- and possibly for much longer -- the new law will enable the high-tech collection of foreign communications without judicial scrutiny on a vastly larger scale than previously possible, allowing billions of phone calls and e-mails inside as well as outside the United States to be routinely screened for possible links to terrorism and other security threats.

Congressional, administration and intelligence officials last week described the events leading up to the approval of this surveillance, including a remarkable series of confrontations that ended with McConnell and the White House outmaneuvering the Democratic-controlled Congress, partly by capitalizing on fresh reports of a growing terrorism threat.

...

What McConnell wanted most from Congress was to be able to intercept, without a warrant, purely foreign-to-foreign communications that pass through fiber-optic cables and switching stations on U.S. soil. That provision was meant to restore a U.S. capability that existed three decades ago, when a 1978 law allowed warrantless surveillance of foreign calls that were overwhelmingly relayed wirelessly.

Since then, advances in technology have caused 90 percent of global communications to pass through wires -- mostly optic fibers capable of carrying 6,000 calls in a strand. That development has been a boon to the National Security Agency, which has worked hard to monitor the traffic with U.S.-based taps and concluded it was doing so legally.

But in a secret ruling in March, a judge on a special court empowered to review the government's electronic snooping challenged for the first time the government's ability to collect data from such wires even when they came from foreign terrorist targets. In May, a judge on the same court went further, telling the administration flatly that the law's wording required the government to get a warrant whenever a fixed wire is involved.

...

The decisions had the immediate practical effect of forcing the NSA to laboriously ask judges on the Foreign Intelligence Surveillance Court each time it wanted to capture such foreign communications from a wire or fiber on U.S. soil, a task so time-consuming that a backlog developed. "We shoved a lot of warrants at the court" but still could not keep up, the official said. "We needed thousands of warrants, but the most we could do was hundreds." The official depicted it as an especially "big problem" by the end of May, in which the NSA was "losing capability."

...

Where the matter became sticky -- and ultimately developed into tense exchanges between the Democrats and McConnell, with each side later accusing the other of misrepresenting their conversations -- was on the question of how to deal with surveillance of communications between persons outside the country and persons inside the country, including both U.S. citizens and foreigners.

Democrats were reluctant to give the NSA blanket permission to capture such data without a warrant unless independent oversight was provided, either by the court or by the Justice Department's inspector general. They also worried that providing warrantless authority to spy on targets other than foreign terrorism suspects would lead to potentially abusive monitoring of Americans innocently in contact with foreign targets.

...

You can read the entire article and not find any rational reason why the Democrats opposed the kind of surveillance McConnell was requesting. that is because there is none. No one having a conversation with Osama bin Laden should have any expectation of privacy. None. Zero. Nada.

The same goes for anyone associated with al Qaeda. That is essentially the problem with the Pelosi-Reid thinking on the issue. They believe some warrant is needed in case an American has an "innocent" conversation with someone in al Qaeda. While they claim they are worried about administration abuses of this power, they can point to none.

They tried to use the need for this legislation to extort documents out of the administration that they are not entitled to in negotiations leading up to the legislation. there will probably be a terrific fight when this legislation expires in six months and the Democrats need to be beaten again. Our national security depends on it. What really needs to happen is the repeal of FISA or at least any application of it to this war.