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Skriven 2007-08-03 23:30:58 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (070803c) for Fri, 2007 Aug 3
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Fact Sheet on FISA Modernization
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For Immediate Release August 3, 2007

Fact Sheet on FISA Modernization

ÿÿWhite House News

ÿÿÿÿÿ In Focus: National Security

The Problem

  þ The Foreign Intelligence Surveillance Act (FISA) was drafted almost
    thirty years ago, for the purpose of establishing a process for
    obtaining a court order to conduct foreign intelligence surveillance in
    the United States.

  þ However, as a result of revolutions in telecommunications technology
    since FISA was passed, FISA now often requires the Government to get a
    court order to collect information on terrorists and other foreign
    intelligence targets located overseas.

  þ It makes no sense to require the Government to obtain a court order to
    collect foreign intelligence on foreign targets located in foreign
    countries. This requirement impairs our intelligence capabilities, and
    diverts scarce resources that would be better spent safeguarding the
    civil liberties of Americans, not foreigners who wish to do us harm.

  þ As the Director of National Intelligence has reported, as a result of
    this outdated law we now are "missing a significant amount of foreign
    intelligence that we should be collecting to protect our country." This
    is unacceptable at any time-but it is intolerable in the current
    heightened threat environment.

The Director of National Intelligence Has Proposed A Reasonable Solution

  þ The Administration proposed a comprehensive FISA modernization bill to
    the Congress several months ago. However, Congress has made it clear
    that they will be unable to act upon the Administration's full proposal
    before the August recess.

  þ In an effort to address this critical intelligence gap, the Director of
    National Intelligence has proposed a significantly narrowed proposal
    focused on the current, urgent need to protect our Nation.

  þ This new proposal would substantially enhance our capabilities to
    collect intelligence on targets located overseas. It would also
    preserve a role for the Foreign Intelligence Surveillance Court in
    reviewing the Government's procedures for collecting intelligence on
    these overseas targets. This is an effort to balance court review and
    our urgent need to close the current intelligence gap.

  þ The court review procedures would not stand in the way of starting
    collection of foreign intelligence immediately. The Government would
    have 90 days after collection has started to submit its procedures to
    the court for review. If the court found any deficiency, collection
    would continue during any and all court review processes.

What Is Not Acceptable

  þ Some have proposed that the Government must obtain pre-approval from a
    court before it conducts critical surveillance of targets located
    overseas. This is unacceptable. The Government must be able to act
    immediately, particularly in the case of national security emergencies,
    to protect the Nation.

  þ Some have suggested that FISA must be reformed, but only to permit
    collection against certain overseas threats like al Qaeda terrorists.
    This is unacceptable. There are many threats that confront our Nation,
    including military, weapons proliferation, and economic, and we must be
    able to conduct foreign intelligence effectively on all of them.

  þ Some have suggested that we must wait to modernize FISA. This is
    unacceptable. Congress must act now to give our intelligence
    professionals the tools they need to uncover plots in time to protect
    our homeland.

  þ Some have suggested that a court order should be necessary before our
    intelligence professionals are able to gather any information about a
    foreign target who happens to contact someone in the United States
    frequently. This is unacceptable.

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