FAS

FISA Amendments and the Rule of Law

06.25.08 | 2 min read | Text by Steven Aftergood

In a speech on the Senate floor yesterday, Sen. Christopher Dodd (D-CT) said the current debate over amending the Foreign Intelligence Surveillance Act (FISA) is not simply one more dispute over intelligence policy. Rather, he said, it calls into question basic issues of democratic governance and the rule of law.

He presented the case against the pending FISA amendments, particularly the provisions that would immunize telephone companies against lawsuits regarding their participation in domestic surveillance.

“Did the telecoms break the law? I don’t know. I can’t say so. But pass immunity, and we will never know,” Sen. Dodd said.

The President’s warrantless surveillance program, he said, is of a piece with other Administration departures from established legal norms including its policies on coercive interrogation and extraordinary rendition, as well as its pervasive secrecy.

“What is this about? It is about answering the fundamental question: Do we support the rule of law or the rule of men? To me, this is our defining question as a nation and may be the defining question that confronts every generation, as it has throughout our history.”

Sen. Dodd and Sen. Russ Feingold (D-WI) announced their intention to filibuster the FISA Amendment bill.

Sen. Jon Kyl (R-AZ) spoke in favor of the bill, including the provisions on shielding telephone companies from legal liability for their actions.

“Those who are opposed to the President’s efforts to monitor al-Qaida’s communications after 9/11 should take their argument to the President, not to the private companies that patriotically complied with government requests to help this country,” he said.

publications
See all publications
Global Risk
Blog
When the Climate Shifts, So Do the Pathogens (And So Should We)

As humans expand our geographic reach, encroach on untouched natural territories, and interact more with animal populations, we will encounter novel zoonotic diseases that threaten the human body. The sooner we act to address these risks, the better.

09.11.26 | 7 min read
read more
State & Local Innovation
Report
Before Breaking Ground: A Local Government Guide to Better Data Center Policy and Community Benefits

This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of eight executed community benefits agreements.

09.10.26 | 42 min read
read more
Government Capacity
Blog
Federal Data Help Communities Prepare for, Respond to, and Recover from Hurricanes. Data Terminations Will Make Them More Deadly.

When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.

09.08.26 | 5 min read
read more
Government Capacity
Blog
The Public Health Cost of Eliminating Race and Ethnicity Data

This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans. 

09.04.26 | 6 min read
read more