Does Senate FISA bill immunize FBI 'black-bag jobs'?
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The FBI once regularly (and surreptitiously) broke into Americans' homes, offices. Now a Senate bill seems to offer immunity to anyone who helps the government do just that.
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(InfoWorld) - An advocacy group called a U.S. government surveillance authorization bill, approved by a Senate committee Wednesday, one of the worst bills imaginable for people concerned about civil liberties. The National Security Surveillance Act, one of three surveillance bills approved by the Senate Judiciary Committee, would give congressional authorization to a U.S. National Security Agency (NSA) surveillance program that critics have complained is illegal. The bill, sponsored by Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, "would radically undermine the privacy of innocent Americans," the Center for Democracy and Technology (CDT) said Thursday. The Specter bill would allow the U.S. government to conduct surveillance programs without court warrants for individual cases as long as the surveillance program is approved ahead of time by the U.S. Foreign Intelligence Surveillance Court. This court is sometimes called FISA after the legislation created it. Specter defended his bill as necessary to help the U.S. government fight terrorism. The bill addresses "a national security issue," he said after the committee vote. The Judiciary Committee also approved a second bill, sponsored by Ohio Republican Senator Mike DeWine, allowing the U.S. president to authorize surveillance programs for up to 45 days without a court order. The U.S. attorney general can then review the program and continue it for another 45 days without a court order. The DeWine bill requires that the president report the programs to congressional subcommittees, but it also allows a 15-year prison sentence and a US$1 million fine to anyone who leaks the details of secret surveillance programs. The CDT include the Specter bill on its list of nine legislation efforts that "must be stopped" this year. The bill will give the U.S. government "broader authority to spy on Americans ... without judicial review," the group said. "Cutting the intelligence agencies loose from any checks and balances in this way can actually harm national security, since unfocused fishing expeditions are likely to produce more false leaders than valuable intelligence." Other civil liberties groups, including the Electronic Frontier Foundation and the American Civil Liberties Union, have also raised privacy concerns about the Specter and DeWine bills. With U.S. President George Bush pushing for Congress to authorize the NSA program, the bill is likely to get action on the Senate floor this month, said Leslie Harris, CDT's executive director. "The FISA bill has taken on a political life of its own," she said. Congress may work to pass the FISA bills during the last weeks of the session as lawmakers up for re-election in November try to show their constituents they're tough on terrorism, Harris said. Bush has said he believes the NSA program is legal, but he's called on Congress to authorize the surveillance as a way to head off legal challenges to it. A third bill, which gives the FISA court more funding and resources, also passed out of the Judiciary Committee. Most civil liberties groups have not objected to that bill, sponsored by Specter and Senator Dianne Feinstein, a California Democrat. TheÂ CDT's watch list of "dangerous" tech legislation is online. "We're trying to shame [lawmakers] to better behavior," Harris said. "Even if one of these misguided legislative gambits succeeds, we will all be the worse for it."
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The House and Senate have passed legislation that will revamp the Bush administration's $5.6 billion effort to counter bioterrorism threats, reorganizing management of the program and providing struggling companies with periodic cash infusions to help fund their research and testing.
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Thirty-three members of Congress have written Attorney General Alberto Gonzales demanding that the FBI update lawmakers on the investigation into the anthrax attacks five years ago that paralyzed the nation with bio-terror fears.
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Blog: A new Senate bill is likely to vex Internet companies and advertisers, who have been warning for years that supposedly "anti-spyware" proposals could impose problematic regulations on legitimate businesses.
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(InfoWorld) - U.S. lawmakers promised to push ahead legislation aimed at cracking down on pretexting despite some objections from telecom carriers and the U.S. Department of Justice. Nearly all the members of the House of Representatives Energy and Commerce Committee pledged to push the Prevention of Fraudulent Access to Phone Records Act, which would give the U.S. Federal Trade Commission (FTC) authority to file lawsuits against pretexters and the people who hire them. The bill would also require the Federal Communications Commission (FCC) to draw up new rules for telecom carriers to protect private phone records, and it would prevent carriers from sharing customer information with third parties without permission. Despite some concerns about the bill, lawmakers said consumers need protection against pretexting, the practice of posing as a telecom customer to obtain phone records and other private information. "Someone with bad intentions and a few bucks can get a hold of almost anybody's cell phone records," said Representative Fred Upton, a Michigan Republican. President George Bush signed a bill creating criminal penalties for pretexting in January. But proponents of the Prevention of Fraudulent Access to Phone Records Act say the extra protections in the bill are also needed. The Energy and Commerce Committee approved the same bill during the last session of Congress, but the legislation apparently was held up on the House floor because of concerns from federal law enforcement agencies that the bill could slow efforts to get information on terrorism suspects. Lawmakers from both parties complained that they received little explanation about why the bill died last year. Thomas Navin, chief of the FCC's Wireline Bureau, said the Department of Justice was concerned that the FCC would set up rules that consumers are notified too soon after their phone records were accessed by someone else. The DOJ wanted a delay of seven days before consumers were notified, he said. But Representative Ed Markey, a Massachusetts Democrat, said consumers should be notified immediately. "I don't think the Department of Justice should be listened to on that issue," he said. "I think [victims] should be listened to on that issue." Markey pointed to news reports this week saying the FBI may have violated the law and its internal rules while collecting telephone, data, and other personal records through the Patriot Act. "There is still a lack of respect for the law of our country," he said. Beyond the law enforcement concerns, representatives of trade groups the United States Telecom Association and CTIA-The Wireless Association said the bill could prevent them from sharing customer information with third parties that market complementary products. CTIA members don't share customers' personal information with unrelated groups, but the carriers do use third-party vendors to market wireless-related products, said Steve Largent, CTIA's president and CEO. But Representative Joe Barton, a Texas Republican, questioned industry concerns about language in the bill that could require carriers to get opt-in permission from customers to share their personal data. "It seems if we want to protect privacy, we should change this from opt out to opt in," he said.
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(InfoWorld) - Two U.S. representatives have introduced a law that would give the U.S. Federal Trade Commission the authority to investigate and prosecute imposters who gain access to other people's private telephone records. The bill, introduced Wednesday by Representatives Jay Inslee, a Washington Democrat, and Marsha Blackburn, a Tennessee Republican, comes in addition to a bill signed into law by President George Bush in January criminalizing the phone records scheme known as pretexting. The new pretexting bill is important because the FTC has more expertise and interest in prosecuting identity theft cases than many local prosecutors, a spokeswoman for Inslee said. Ken Springer, the founder and president of Corporate Resolutions, a private investigations firm, applauded the pretexting legislation. State prosecutors have been targeting similar tactics to get personal bank records for about 10 years, and reputable private investigations firms haven't used pretexting for many years, he said. "You've got to play by the rules," said Springer, a former special agent with the Federal Bureau of Investigation. "It's not a grey area. You can't use it." Although corporate customers may demand that private investigators use all means necessary, Springer tells clients they should consider that the details of their investigations could wind up in the media. "The risk-reward [balance] is something they should consider," he said. After a pretexting scandal at Hewlett-Packard in late 2006, "corporate America got the message," he said. Still, the new pretexting bill can give customers faith that their records are protected, he said. Inslee and Blackburn introduced a similar bill in January 2006, but it didn't come up for a vote on the floor of the House of Representatives. Their Consumer Telephone Records Protection Act would make it illegal for anyone to knowingly obtain confidential phone records by making false or fraudulent statements to a telephone company or to knowingly sell or receive confidential phone records knowing such information was obtained fraudulently. The bill would also require telephone companies to notify customers when their phone records fall into the wrong hands. In January, Bush signed a law making pretexting illegal, punishable with up to 10 years in prison and fines. Fines and prison sentences would increase if the violations involve more than 50 telephone customers. Congress began investigating pretexting in early 2006 after media reports and a complaint from privacy advocacy group the Electronic Privacy Information Center showed that several companies were selling private phone records online for less than $100. Then in September, HP revealed that investigators it hired had used pretexting to try to discover the source of board leaks.Â California prosecutors charged former HP board Chairwoman Patricia Dunn, former HP legal counsel Kevin Hunsaker, and three investigators with feloniesÂ late last year.
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WASHINGTON -- The Senate on Tuesday approved new rules for government eavesdropping on phone calls and e-mails, giving the White House much of the latitude it wanted and granting legal immunity to telecommunications companies that helped in the snooping after the Sept. 11 terrorist attacks.
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Senate proposal would scale back a provision of the USA Patriot Act that lets the FBI monitor alleged computer trespassers without a warrant.
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Anti-spyware legislation that prohibits companies from installing software on a computer without user consent has been approved by the U.S. Senate Commerce Committee. Dubbed the Spy Block Act, the bill now moves to the full Senate where it will likely be voted on before the end of the year. The Spy Block Act requires software to provide an uninstall option, as well as outlaws any software that transmits user information without explicit approval.
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The Senate yesterday approved a sweeping measure that would expand the government's clandestine surveillance powers, delivering a key victory to the White House by approving immunity from lawsuits for telecommunications companies that cooperated with intelligence agencies in domestic spying after...
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By Tom Searls, The Charleston Gazette, W.Va.  Sep. 23--Senators could decide by Monday whether to force chemical companies to take further security measures under an amendment offered by U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va.
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The Senate reopens debate on a bill that would protect from prosecution anyone who helped with President Bush's warrantless spying on Americans. Immunity would extend to telecom companies and the president himself.  Sen. Chris Dodd (D-Connecticut) reasserts his threat to block the measure.
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IN BASEBALL lingo, Senator Kennedy went one for two last week. His immigration bill went down to defeat, but the Senate health committee approved unanimously a compromise bill setting out a pathway for approval of copycat versions of high-cost biotechnology medicines. The bill balances the interests of the pioneering companies that first develop the medications -- used to treat diseases ...
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WASHINGTON - New immigration barriers and expanded police powers, as well as making more of the public airwaves available for emergency services, are some of the issues trying to find a home in a bill to overhaul U.S. spy agencies...
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WASHINGTON -- The U.S. Senate Commerce, Science and Transportation Committee on Wednesday approved bills intended to fight computer spyware and to protect wireless phone customers from potential privacy problems associated with a wireless phone number directory.
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Two U.S. senators said on Thursday  they would introduce legislation that would potentially protect  users of popular social networking sites like News Corp's  MySpace from registered sex offenders.