Dems To Propose Permanent Expanded Spy Powers, But With Audits

House Democrats are planning to introduce a measure that would allow the government to place permanent spy taps on the nation's internet and telephone infrastructure and possibly order communication services such as Gmail and Skype to make their systems wiretap friendly, according to the Washington Post.

The bill would largely make permanent the temporary, but expansive powers handed to the Administration in August with the passage of the Protect America Act, but adds a measure of oversight by increasing the role of the nation's secret spying court and ordering the Justice Department's Inspector General to audit the program.

It's still unclear if the program will require the government to get a warrant when they are targeting an American inside or outside of the country. The Administration's controversial warrantless surveillance program spied, for four years, on phone calls and emails that crossed over the nation's border when one of the parties was suspected to have ties to terrorism. The Administration acknowledges that some of those targeted without court approval were Americans, which the current Director of National Intelligence Michael McConnell says is illegal.

The House bill reportedly does not include immunity for phone and internet providers who likely violated the nation's privacy laws by helping with the program, a provision the Administration and the phone companies have been pushing hard for.

The House plans to move on the bill in mid-October, just days after telecom answers about their spying activities are due to the House Commerce committee.

The House is waiting to learn more about the companies' involvement from the White House, the Post reported. No telecom representatives have yet been called before Congress to testify about their involvement.

Senate Democrats are, however, thinking of four possible courses of action on immunity:

In the Senate, Democrats are working with Republican colleagues on a bill to be introduced this month that probably will contain some form of relief for telecom companies – an issue that was sidestepped in August to help win passage of the Protect America Act.

Four possibilities are being discussed, said a Senate aide familiar with the discussions. The broadest would be blanket immunity, which would immunize anyone, including government officials, who had anything to do with any surveillance program. That is the approach the government favors and is strongly opposed by civil liberties advocates.

The second is targeted immunity, in which companies that can prove they were acting in good faith would be granted immunity from prosecution. The third is substitution, in which the government would replace the defendant in the lawsuit. Finally, there is indemnification. The cases would proceed through the court system, and if there were financial penalties, the government would assume them, the aide said.

See Also:

• Dems Delay Spy Bill Due to Progressives' Objections
• Dems Ask Telcos Spying Questions
• Telecoms Continue Push For Get-Out-of-Court Card for Illegal Spying
• US Warrantless Spying Program Targeted Americans, Which Violates ...
• Analysis: New Law Gives Government Six Months to Turn Internet and and Phone Systems into Permanent Spying Architecture

Democrats to Offer New Surveillance Rules Washington Post

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