Lofgren Co-Sponsors LISTEN Act on NSA Domestic Surveillance

Lofgren Co-Sponsors LISTEN Act on NSA Domestic Surveillance

Legislation Forces President's Entire Domestic Surveillance Program to Comply with the Law

Rep. Zoe Lofgren (D-San Jose) joined a group of House Judiciary and Intelligence Committee Members today to introduce the "Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA" Act (The LISTEN Act).

"The Administration's strained analysis claiming these warrantless NSA programs are legal has been ridiculed by legal scholars as well as the Congressional Research Service. Their claim that Congress authorized these programs when authorizing the use of force in Afghanistan is equally ridiculous. This act will put those spurious claims to rest permanently," said Rep. Lofgren.

The Act makes clear that any attempt to listen in on Americans or collect telephone or e-mail records must be conducted in accordance with the Foreign Intelligence Surveillance Act of 1978 (FISA), or Title III of the criminal code. In both cases, court warrants based on probable cause are required. The Act states that FISA is the exclusive way to conduct electronic surveillance of U.S. persons on U.S. soil for intelligence purposes. It also states and that the Authorization to Use Military Force, passed by Congress in October 2002, did not constitute authority to engage in electronic surveillance outside of FISA.

The legislation provides tools to expedite emergency warrant applications, and authorizes funds to incorporate standardization, electronic filing and streamlined review procedures at the NSA and Department of Justice. It requires the President to ensure that resources are adequate to process warrants, and requires the Administration to comply with FISA at all times.

http://www.house.gov/list/press/ca16_lofgren/051106_Lofgren_LISTEN_Act.html