Electronic Surveillance Modernization Act

ELECTRONIC SURVEILLANCE MODERNIZATION ACT -- (Extensions of Remarks - September 29, 2006)

* Ms. SCHAKOWSKY. Mr. Speaker, I rise in strong opposition to H.R. 5825, the Electronic Surveillance Modernization Act.

* I believe that President Bush's secret warrantless wiretapping program was a violation of the Foreign Intelligence Surveillance Act (FISA) and violated the civil rights that make this country so strong and respected. Once this program was unveiled, the Administration's response was not to change the program to comply with American law but to change American law to comply with this program. As a result, we have the bill before us--legislation that would make truly far-reaching changes to FISA and will have alarming consequences for democracy and civil liberties.

* H.R. 5825 expands the definition of ``electronic surveillance'' to include Americans' international emails and phone calls. It authorizes the warrantless electronic surveillance and physical searches of Americans' emails and phone calls for 60-days after an ``armed attack'' or 60 days before and after an ``imminent attack'' against the United States. Those 60-day periods can be indefinitely renewed. Moreover, ``imminent attack'' is defined as an ``attack likely to cause death, serious injury, or substantial economic damage.'' What is ``substantial economic damage?'' This definition is so sweeping that hacking into a computer could fit. This bill also strips all courts of jurisdiction over surveillance cases, preventing anyone from seeking redress for illegal or unconstitutional electronic surveillance.

* All of us want to be protected from terrorists, but we can protect our Nation without expanding the FISA law so broadly that innocent people can be spied on by their own government without reasonable justification, trampling on our civil liberties. The FISA law already has measures that take into account the need for emergency surveillance, and the need for urgency cannot be used as a rationale for going around America's law. FISA allows wiretapping without a court order in an emergency; the court must simply be notified within 72 hours. The government is aware of this emergency power and has used it repeatedly.

* Mr. Speaker, the United States is a Nation built upon its adherence to the laws. And no one--not even a U.S. president--is above the law. Our system of checks and balances must be maintained if American democracy is to be preserved. I urge all of my colleagues to vote ``no'' to H.R. 5825.

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