Wicker Calls for Action on Stalled Intelligence Law Reform

Statement

WICKER CALLS FOR ACTION ON STALLED INTELLIGENCE LAW REFORM

As this column is being written, the prospects are still uncertain that Congress will pass legislation to revise the Foreign Intelligence Surveillance Act (FISA) prior to adjourning for the August work period. This is a critical national security action that would close an intelligence-gathering loophole and strengthen efforts to protect the American people from terrorist attack.

President Bush, National Intelligence Director Michael McConnell, and Republican lawmakers have lobbied for months to modify outdated portions of FISA to catch up with 21st century communications technology. Congress should have already moved in a bipartisan manner to make these changes. Ironically, many Democrats who seek an immediate pullout from Iraq and who state that the battle against terrorism should be conducted elsewhere are the very ones opposing these reforms. The lives of U.S. military service personnel on the front line in this war depend on our ability to learn what the terrorists are doing.

MEETING HIGH-TECH CHALLENGES

First enacted in 1978, FISA was designed to handle Cold War-style surveillance, not a high-tech 21st century war against a resourceful enemy. The out-of-date statute imposes legal roadblocks, making it difficult for intelligence agencies to intercept telephone calls and e-mails where all the parties are outside the United States. Because many of these messages pass through U.S-based global communication networks or Internet providers, current law requires a court order before intelligence agencies can act.

Opposition to the changes on privacy grounds is off base. It is ridiculous to require that a warrant must be obtained to monitor a telephone conversation involving suspected Al Qaeda operatives in Islamabad and London. That does nothing to harm the civil liberties of the American people. In fact, it is another much-needed tool to protect those rights. On the other hand, conversations inside the United States involving suspected terrorist activity would still require a court order.

KEY EVIDENCE BEING MISSED

In Congressional testimony, National Intelligence Director McConnell said he had "deep concern" about the current threat situation. He noted that FISA provisions as currently written are causing his operatives to miss "a significant portion" of information that could provide critical details to help prevent a terrorist attack. He urged Congress to remove this barrier.

While specific FISA success stories remain classified to safeguard sources and methods, it is safe to say that FISA is one of our most powerful counterterrorism tools. The August 2006 collaboration among U.S., British and Pakistani authorities that thwarted a terrorist plan to blow up commercial airliners over the Atlantic Ocean showed the value of good intelligence work. The foiling of domestic plots to attack Ft. Dix, N.J., and JFK International Airport are two more recent examples.

The National Intelligence Estimate released in July reinforced the Director's comments about the heightened terror threat. It concluded that the U.S. could be at increased risk of attack. It said, "Al Qaeda homeland plotting is likely to continue to focus on targets with the goal of producing mass casualties, visually dramatic destruction, significant economic aftershocks, and/or fear among the U.S. population."

GOOD INTELLIGENCE VITAL

I do not mean to sound alarmist, but the reality is that we face a determined enemy in the global war against terrorism. Our country has taken dramatic steps to fortify homeland security, and those actions have prevented another September 11-style attack. But against such a brutal adversary, we must continue to be pro-active in our efforts to protect the American people. Revising FISA is another important step in that process.

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