Senator Feinstein on the Specter NSA Bill

September 27, 2006


Mr. Edward Shelton


Dear Mr. Shelton:

Thank you for writing to me about Senator
Specter's proposed changes to the proposed National
Security Surveillance Act of 2006. I welcome the
opportunity to respond.

As a member of both the Senate Intelligence and
Judiciary Committees, I have been briefed on the
operational details of the electronic surveillance program.
It is my belief that the program could and should be
conducted in accordance with the Foreign Intelligence
Surveillance Act (FISA).

I do not support Senator Specter's legislation in its
current form.

Senator Specter's proposal would eliminate the
current individual warrant approach that has been used
by the FISA court for electronic surveillance for more
than 25 years, and replace it with a "program" warrant
approach that has never been tried. His bill also removes
the current exclusivity of FISA, in effect endorsing the
President's decision to gather intelligence outside of the
laws we have enacted. Finally, Senator Specter's
legislation makes many far-reaching changes to the
existing FISA statute in ways that have not been
adequately examined.

I have worked with Senator Specter separately to
introduce different legislation so that all content
collection of electronic surveillance for foreign
intelligence purposes is conducted within the existing
FISA framework. The Foreign Intelligence Surveillance
Improvement and Enhancement Act of 2006, S. 3001,
has been endorsed by the American Bar Association. My
bill would restate that FISA is the exclusive authority for
content collection, mandate that no federal funds be spent
on such activities that do not comply with FISA, and
eliminate administrative roadblocks that the Attorney
General says hinder his ability to bring cases directly to
the FISA court. I believe this option is substantially
more desirable than the bill drafted by Senator Specter in
coordination with the Administration.

Again, thank you for writing. I hope that you will
continue to write to me on issues of importance to you.
Best regards.





Sincerely yours,

Dianne Feinstein
United States Senator

http://feinstein.senate.gov

Further information about my position on issues of concern to California and the Nation are available at my website
http://feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list at
http://feinstein.senate.gov/issue.html.

Senator Boxer on The Specter NSA Bill

From: senator@boxer.senate.gov
Date: September 26, 2006 8:20:34 AM PDT
To:
Subject: Responding to your message


Dear Mr. Shelton:


Thank you for contacting me regarding ongoing reports of domestic spying. I appreciate the opportunity to review your comments on this important issue, and I share your concerns.


As you know, President Bush has repeatedly authorized the National Security Agency (NSA) to eavesdrop on American citizens and others without the necessary approvals from Foreign Intelligence Surveillance Courts. I am appalled that President Bush went outside the law and subverted the system of checks and balances that is so vital to our democracy.


That is why I am pleased to report that on August 17, 2006,U.S. District Court Judge Anna Diggs Taylor ruled that the Administration's NSA eavesdropping program is unconstitutional and should cease immediately.


However, pending the Administration's appeal of this ruling, I remain concerned about the recent deal between Senator Arlen Specter (R-PA) and the White House. The Bush Administration has agreed to submit the NSA spying program for limited judicial review only if Congress passes Senator Specter's new "compromise" bill, S.2453, without amendments.


This "compromise" bill, which is currently being considered by the Senate Judiciary Committee, appears to do nothing to curb the Bush Administration's use of warrantless wiretapping. It would also limit Congressional and judicial oversight of the warrantless wiretapping program.


Please be assured that I will keep monitoring this situation closely and do all I can to make sure that the American people do not have to choose between their security and their liberty.


Again, thank you for writing to me. Please do not hesitate to contact me about this or any other issue of concern to you.


Barbara Boxer
United States Senator

Please visit my website at http://boxer.senate.gov

Stop White House/Specter Surveillance Bill

From eff.org:

EFF's lawsuit against AT&T aims to expose and stop its collaboration with the NSA's massive spying program. But the White House and Senator Arlen Specter (R-PA) have reportedly come to a sham compromise that would sweep this illegal activity and any further government surveillance under the rug, shuffling legal challenges out of the traditional court system and into the shadowy FISA courts.

Specter's draft bill would stack the deck against anyone suing to stop illegal surveillance, including the wholesale violation of the Fourth Amendment alleged in EFF's case. The FISA courts' secret proceedings -- where only the government gets to present arguments -- violate our nation's tradition of openness and transparency in the court system. Burying legal challenges in these secret courts will cut off meaningful judicial review.

Worse still, the bill tries to make an end-run around the Fourth Amendment by creating a secret, Congressionally-sanctioned approval process for future dragnet spying programs. Without the public ever knowing, the Attorney General would be able to covertly obtain general warrants that let the government spy on everyone.

URGENT: Tell your congressperson to vote against this bill!

US Falling Behind in Broadband

Say what you want about whether we are better off with monopolies or competition in the broadband market, but the reality is that the US is falling further and further behind the rest of the world in this critical technology area. Muniwireless writes about a new report out from Free Press, the Consuemr Federation of America and Consumer's Union.

The new report tells us what we already know as consumers:

"Broadband Reality Check II exposes the truth behind America’s digital decline: A failed broadband policy that has left Americans with higher prices, slower speeds and no meaningful competition for high-speed Internet service."

Among the key findings:

The US is 16th overall in broadband penetration

U.S. consumers pay nearly twice as much as the Japanese for connections that are 20 times as slow

To read the executive summary of Broadband Reality Check II, go to http://www.freepress.net/docs/bbrc2-execsum.pdf

To read the full report, go to http://www.freepress.net/docs/bbrc2-final.pdf