Courtney: FISA Bill is an Improvement, But Telecom/White House Immunity Can't be Brushed Under the Rug
Press Release
Courtney: FISA Bill is an Improvement, But Telecom/White House Immunity Can't be Brushed Under the Rug
While Congressman Courtney applauds the bipartisan effort to pass an updated Foreign Intelligence Surveillance Act, and welcomes many of the improvements to the current law, the Connecticut lawmaker voted against the measure because it once again provides de-facto retroactive immunity to the telecommunications industry for participating in the White House's illegal wiretapping program.
"I will not allow my vote or legacy to be one that supports the current Administration's perception that the White House is above the law and that the rights of Americans are expendable," stated Courtney. "I support an aggressive and modern surveillance program that protects Americans and our allies from those who might wish to do us harm. However, in the end, one of the most harmful things we can do is to forfeit our civil liberties in exchange for a false sense of security."
While the bill does not explicitly provide phone companies with retroactive legal immunity, it also requires courts to dismiss lawsuits against the companies if they were assured that the requests for information were legal and were approved by the President. The government has previously said those assurances were provided. As such, the bill, while well-intentioned, provides conditions on the court's review of the issue that amounts to automatic immunity.
Congressman Courtney previously voted in favor of the H.R. 3773, the RESTORE Act, which included many of the provisions included in H.R. 6304, the FISA Amendments Act, which provides our intelligence community with the modern tools they need to combat terrorism. The RESTORE Act, however, left the question of retroactive immunity for telecommunications companies who participated in the President's wiretapping program to the courts without conditions or restrictions. Had this provision been included in the bill before the House today, it would have allowed for full examination and deliberation of their involvement in the program.
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