Of all the elected officials I communicate to I can always get good responses from this man. I wonder how many of the members here ever really tell our elected officials what they think ???


Thank you for contacting me to express your views regarding the Senate bill to amend the Foreign Intelligence Surveillance Act (FISA). I share your concerns about expanding wiretapping authority without providing adequate safeguards as well as granting retroactive immunity to telecommunications companies.

With the rise of mobile phones and other technological changes, there is widespread agreement within the intelligence community that FISA needs to be updated. I believe that we must give the intelligence community the tools necessary to protect our country. However, I also believe that the rules for intelligence collection must be clear and fair, and that we need independent oversight to ensure that these rules are not abused. This is why I voted in favor of several amendments that would have improved the FISA Amendments Act by clarifying surveillance rules, adding better safeguards, and requiring more independent oversight. Unfortunately, these amendments failed.

I also think that it would be unwise to grant blanket retroactive immunity to telecommunications companies facing lawsuits based on their alleged assistance with government surveillance. I have reviewed classified information pertinent to the government’s warrantless wiretapping program, and have consistently opposed retroactive immunity for the telecommunications industry. I voted against granting immunity both in the Judiciary Committee and on the Senate floor. I believe that it should be up to the courts, not Congress, to decide whether any telecommunications company that assisted the government was acting legally. The existing lawsuits raise serious constitutional questions, and our federal courts are traditionally the final arbiters of such questions. If Congress steps in to grant immunity now, the country may never know whether President Bush overstepped his authority. If the courts are allowed to exercise their judgment, we will be better prepared to resolve similar controversies in the future.

I could not in good conscience support the final Senate version of the FISA Amendments Act. It would grant blanket retroactive immunity for telecommunications companies and give the government new surveillance authorities without adequate safeguards. Nevertheless, the bill passed the Senate and is currently in conference to negotiate the differences between the House and Senate versions. It is my hope that Congress and the President will soon agree on a responsible compromise measure that provides new tools for our intelligence community along with robust privacy protections and independent court oversight.

Thank you for contacting me about this important issue. Please do not hesitate to contact me in the future if I can ever be of assistance to you on this, or any other matter.



Sincerely,

Charles E. Schumer
United States Senator