A Push to Rewrite Wiretap Law

White House Seeks Warrantless Authority From Congress

By Ellen Nakashima
Washington Post

The Bush administration is pressing Congress this week for the authority to intercept, without a court order, any international phone call or e-mail between a surveillance target outside the United States and any person in the United States.

The proposal, submitted by Director of National Intelligence Mike McConnell to congressional leaders on Friday, would amend the Foreign Intelligence Surveillance Act (FISA) for the first time since 2006 so that a court order would no longer be needed before wiretapping anyone "reasonably believed to be located outside of the United States."

It would also give the attorney general sole authority to order the interception of communications for up to one year as long as he certifies that the surveillance is directed at a person outside the United States.

The administration and its Republican allies on Capitol Hill have mounted a full-court press to get the Democratic-controlled Congress to pass the measure before lawmakers leave town this week for the August recess, trying to portray reluctant Democrats as weak on terrorism.

Democratic lawmakers favor a narrower approach that would allow the government to wiretap foreign terrorists talking to other foreign terrorists overseas without a warrant if the communication is routed through the United States. They are also willing to give the administration some latitude to intercept foreign-to-domestic communications as long as there is oversight by the FISA court.

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