FAQ: How far does the new wiretap law go?

(continued from previous page)

What are groups that support privacy and individual rights saying about all of this?
American Civil Liberties Union Executive Director Anthony Romero said: "That a Democratically-controlled Senate would be strong-armed by the Bush administration is astonishing. This Congress may prove to be as spineless in standing up to the Bush administration as the one that enacted the Patriot Act or the Military Commissions Act."

The Cato Institute's Tim Lynch wrote: "If a member of Congress does not support the proposal under consideration, it means he or she is too 'soft.' Even though we're about six years past 9/11 and even with the track record of Attorney General Gonzales, most legislators put their reservations aside, curl up into the fetal position and say 'I am against the terrorists too,' as they vote in favor."

What do telephone companies think about this new law?
A: Representatives from Quest, Verizon and AT&T--which has hinted in the past about how it could be required to cooperate with the NSA--declined to comment. Last year, AT&T accidentally leaked information in a legal brief that sought to offer benign reasons why a San Francisco switching center would provide a mechanism to monitor Internet and telephone traffic.

McConnell told Democratic congressional leaders in a private meeting late last week that some major telecommunications firms are concerned about the law's provision that could force them to cooperate with law enforcement based on orders from the attorney general or the DNI, a Democratic congressional aide told News.com. The companies reportedly indicated they would rather comply with a court-sanctioned warrant.

Why is the Bush administration making such a fuss about getting these new powers, anyway? Doesn't it already believe programs like the National Security Agency's terrorist surveillance program are already legal?
It's true that the Bush administration has steadfastly defended the legality of a National Security Agency undertaking publicly known as the "Terrorist Surveillance Program," which officials have indicated in recent weeks is just one of many such intelligence programs that the government has been operating. More broadly, the administration has been agitating with increasing urgency over the past year or so for changes to FISA because it claims the law has become outmoded, delaying critical intelligence collection.

FISA said that investigators generally must obtain warrants from a secret court before tapping into communications with foreigners that originate in the United States. But intelligence officials have argued that because communications today are often physically routed through American soil, distinguishing between calls and e-mails that occur inside and outside the country only stymies their efforts to snoop on suspects. "Simply due to technology changes since 1978, court approval should not now be required for gathering intelligence from foreigners located overseas," McConnell said in a recent statement.

Opponents to such changes, such as the ACLU, argue that FISA has already been updated dozens of times since 1978 and that the justifications for further tweaks offered by the Bush administration are really just looking for new ways to wiretap Americans without a warrant.

Which presidential candidates voted for or against the wiretapping bill?
Voting against the bill: Democrats Hillary Clinton, Barack Obama, Joe Biden, Christopher Dodd and Dennis Kucinich.

Voting for the bill: Republican Sam Brownback.

John McCain and Ron Paul did not vote, but based on his congressional record and public statements, Paul would have likely opposed the legislation. The Senate voting results and House of Representatives results are now online.

Did the votes in the U.S. Congress fall mostly along party lines?
Yes. In the Senate vote on Friday night, not one Republican joined the 28 Democrats who voted against the measure, though 15 Democrats were among the 60 members who voted for the bill.

Some Democrats who voted to approve the bill indicated they did so based on the experience of members of their party who are on the Senate Intelligence Committee. "They chose to give significant weight and deference to the intelligence community on FISA reform, and so did I," freshman Virginia Sen. Jim Webb said in a statement.

On the House side, 41 Democrats joined the 186 Republicans voting for the bill's passage, while just two Republicans joined the 181 Democrats opposing it.

What happens when this thing expires? Is there any chance it'll be replaced with something different before then?
Both supporters and opponents of the law already have begun publicizing their hopes for the next version of the law. "Our work is not done," President Bush said in a statement after signing the bill--which he characterized as a "temporary, narrowly focused statute"--on Sunday. He called for "comprehensive reform," singling out "the important issue of providing meaningful liability protection to those who are alleged to have assisted our nation following the attacks of September 11, 2001." He was almost undoubtedly referring to shielding the telephone companies that allegedly assisted the government in a less-than-legal way.

House Speaker Nancy Pelosi, meanwhile, has already sent a letter to fellow Democrats Rep. John Conyers, chairman of the House Judiciary Committee, and Rep. Silvestre Reyes, chairman of the House Intelligence Committee, instructing them to craft a new bill that "responds comprehensively to the administration's proposal while addressing the many deficiencies" in the approved law.

Details on that new proposal weren't immediately clear, but a Conyers representative said the chairmen "will want to move swiftly on introducing and moving the legislation in September."

[chris_d]

Wait for it, wait for iiiit....

Queue the comments that say, "If you're not doing anything wrong, you have nothing to worry about." The implication that if you don't want Big Brother Government prying into your business, you must be doing something wrong. Hey, why not put a camera in your bathroom, or your bedroom, so the NSA can make sure you're not doing anything wrong? You could be making bombs or plotting an attack in there! You oppose? You must be with the terrists!

The second thing to realize is who gets to decide whether something is wrong. If you're George W., opposing the war is wrong. You can bet the NSA listens to Cindy Sheehan's phone calls. If you're Hillary, then owning a gun is doing something wrong and she'll direct the NSA to listen to the phone calls of gun owners.

Are war protesters doing something wrong? I don't think so. Are gun owners who want guns for protection wrong? I don't think so. But then, I'm not the Decider.

It's time to end warrantless spying on American citizens and authoritarian government.

[lingsun]

They're not spying on U.S. citizens who don't make calls to terrorists.

This comment doesn't make sense. A lot of the surveillance involves foreign nationals who are living here. I'm sorry but if you're an Iranian talking to people in Iran, you'd better expect to have your phone calls checked. It's only common sense. It's not "big brother". It's America trying to protect itself.

[GEBERWEIN]

Take a deep breath

Everybody needs to stop and think.

How did the 9/11 terrorists pull it off? They got in the country on visas and remained after they expired; they got legitimate ID documents from states; they communicated by e-mail, phone and IM or text messages.

How come the US had no clue. Because they didn't enforce the visa or illegal immigration laws; because each of the 50 states they had different standards as to who could get documents that implied they are in the country legitimately; and, because we have such stringent laws on communications survellience that, in some places, it is illegal for you to record a conversation unless you tell the other person you are doing it. Even in your own home or office.

Sure progress is slow on the others. This is the last loophole being plugged. Today there is the capability for a cellular call originating from a phone OUTSIDE the US to make calls without being detected as a international call. I see it all the time. But, then, I live on the border.

Most of the drug and people smugglers caught have cell phones and can communicate at will. Most folks who read these pages are savvy enough to dream how VoIP can take advantage of this gap in survellience. It is possible for a VoIP phone to place a call to a US phone completely undetected because the last hop is through the rabbit hole I have just described. The present system sees it as a call made within the US to a phone in the US. This latest law does much to plug that hole.

Unfortunately, most of the people in the US don't live here and they don't see or hear about the armed gangs that are protecting their cargos of humans or drugs. Gangs that have better communications and armament than our National Guard or Border Patrol. Gangs that are available, for a price, to protect any smuggled shipment - including terrorists and their materials.

What is possible makes it scary. These people are not interested in the border area, it's Chicago, Minneapolis, Denver, Omaha, Indianapolis, Cleveland, Boise, St. Louis, Tulsa and other big cities in the heartland.

Let the government plug the loophole, and if anyone in the government knowingly and willingly violates that law, then prosecute them.

[anomalator]

RIP Bill of Rights

Lets cut to the chase and just do away with the Constitution all together. Nobody in "our" government seems to respect it anyway, and as far as they're concerned, it just gets in their way.

[lkrupp]

You'll be the first..

And you'll be the first in line to vilify the government for
incompetence when a nuke goes off in an American city. "How
come they didn't find out about this before it happened?", you
and you ilk will lament. You'll also be the first to demand
impeachment when it comes out they could have found out in
time except they couldn't get a warrant in time. "How stupid can
they be!" you will howl at the top of your voice.

Your ilk would be funny if you weren't so dangerously naive.

[drtyrell]

CNET is officially one of "Them"

It's interesting to read an article and manages to give every
single individual or organization full immunity for turning our
country into a tyranny ridden police state. We know that nearly
all mainstream press is controlled by four mega corporations
that have been specializing in yellow journalism since the false
ratification of the 16th and formation of the private bank better
known as the Federal Reserve (which still has refused to identify
over 80% of it's members).

Nope, CNET is not a true independent non-bias news source,
but a line towing Bilderberg / NeoCon organization that is doing
its part to ensure that the citizens of the world think that losing
all our civil liberties is okay. RFID chips in every person in the
world is a great technological development we should be excited
about.

I remember when CNET was pure and edgy, and wrote articles,
all articles that read nothing like the blathering fluff pieces for
the end of our freedoms. You best believe that when an internet
startup needs venture capital to operate, it will sell its soul to
stay alive, and that's is the rest of the story.

[dondarko]

"Live Free or Die" NH state moto

here are some others...

"Thus Always to Tyrants" - Virginia
"Virtue, Liberty, and Independence" - Pennsylvania
"By the sword we seek peace, but peace only under liberty" Massachusetts
"Freedom and Unity" - Vermont
" Liberty and union, now and forever, one and inseparable" - North Dakota
"Liberty and Prosperity" - New Jersey
"Our liberties we prize and our rights we will maintain" - Iowa
"The life of the land is perpetuated in righteousness" - Hawaii
"Liberty and Independence" - Delaware
"The people rule" Arkansas
"We Dare Defend Our Rights" - Alabama

nuff said...

[lingsun]

If you're calling Afghanistan your call should be tapped

People making phone calls to foreign countries that support terrorism should have their phones tapped. The same is true if you're calling Muslims overseas. Back in WWII they put thousands of Japanese citizens in concentration camps. This is nothing compared to that.

[The_Decider]

OK

When Bush calls his buddies in Saudi Arabia, the conversation needs to be recorded and analyzed by our oh so incompetent intelligence agencies. After all, the majority of the foreign insurgents killing Americans in Iraq are Saudis.

So the government is supposed to know if the person on the other end of a call in England is Muslim?

Why stop the totalitarian train there?

How about if an American who happens to be Muslim, calls another American Muslim? They must be up to no good because as every brain-dead inbred racist knows, all, or at least most of the Muslims support terror. So we better spy on them also.

Lets not stop there. We should tap all Midwestern residents whenever they make a call. Let us not forget who blew up the federal building in Oklahoma.

Hmm, I still do not feel safe. Lets tap every call and put surveillance cameras everywhere, including everyones bedroom, because people need to know what the rest of us are up to 24/7.

Or, lets make things easier on everyone. All the cowardly idiots who think a false sense of security is more important then the freedoms that millions have fought and died for, should move to China. The government policies are closer to their liking, and I know the government would love to have more lemmings. All who voted for this travesty should be jailed upon the inevitable conviction for treason. Then the rest of us can make reasonable and intelligent safety measures that do not destroy the constitution.

Isn't it ironic that Bin Laden is more free and safer from the US government then American citizens are?

[Machaira]

Woohoo!!

Yahhhh!!! That is a good point. let's lock all-o-dem Mooslims up!
None of them outsiders are to be trusted! By the way most every
nation in history has and still does support terrorism they just call
it protecting their national interests.

[davez2006]

I thought Afganistan was an ally

When did that change?

[gary_7vn]

Bush Needs People Like You

Is there any line that you would not cross? Are you so afraid, so cowardly that you would support any measure? Does freedom mean anything to you?

Your benchmark is an obscenity, and in your small, fascist world anything that does not rise to that level is okay. Has it occurred to you that others might have higher standards?

It is people like you that become informers, ratting out their neighbours in the vain hope that someday they won't come for you! There is no Al Qaida, there is only blowback from the many, manyatrocities that the bush junta has inflicted on the world. People like you, cowardly little worms, make the bile rise up in my throat. You are nothing but a frightened cipher. If you want to give up your freedoms go ahead, but don't try and take mine.

[Alpah Trion]

Left-leaning reporting

Okay folks, calm down. Any proof that the "evil" Bush has ever
listened in on any phone calls he shouldn't have? Hmmm... I
didn't think so. Second, how do you think we can stop terrorists
plans ahead of time... or should we just wait until the next "9-
11." Third, this concept that somehow the "evil" Bush has come
up with wiretapping (warrant-less) in nonsense. Have you ever
heard of Project ESCHELON? That was conducted during the
Clinton administration (and maybe before, who knows?)
http://en.wikipedia.org/wiki/ECHELON

Finally, how about some balance in the reporting? All the outside
experts and opinions are against the wiretapping. This is more
about the political ramifications of the bill than what it actually
does. These reporters need to get outside of the Bay Area
political bubble and realize that there is more to life than the
fate of the Democrat party (and the plots of the "evil" President
Bush.) End rant. Thanks for listening.

Everyone, have a nice day. Really.

[The_Decider]

Sad

Since when is freedom only the province of the "left"?

I remember when even republicans believed in freedom.

[Machaira]

Really rational

What is the point in bringing up Clinton. Is Cnet supposed to
report on something that took place over 8 years ago? The real
issue is that no government can be or should be trusted and
this administration has done more than any other to make
oversight by the very people that they are supposed to serve
impossible. So I think a little skepticism is reasonable. or should
we just wait until American citizens start disappearing off the
streets and held in undisclosed locations without charge or
trial? Oh wait that already happened.

[ralfthedog]

ESCHELON is not what you think.

ESCHELON started in the 1960's. It is only for military use. It can not be used to prosecute anyone. Evidence collected by ECHELON can not be used in a court of law.

ECHELON can not be used against a citizen or legal resident of the United States, nor can it be used on anyone in the United States.

Before the new law, the Executive branch had the right to wiretap on anyone they wanted at any time. The Executive branch just had to file for a FISA warrant within 72 hours of the search.

Any request by the President for powers beyond this is proof that he has violated his oath of office. Anyone in office that supports this is a traitor.

[ethana2]

How much processing power do they have?..

...cause if they **** everybody off, I think they may run out quickly... *cough!*encryption*cough*

We have too many reasons to encrypt stuff already. If ISP's had their heads on straight (didn't worry about your traffic on the connection that you payed for i.e. blocking port 80, http, throttling torrents, etc...) And we had faith that we would see due process always, and our government was more transparent, I wouldn't mind.

None is the case. If only we had a revised networking protocol stack...

IP w/ null/random ports
TCP
Encryption
anything (I intend to leverage p2p to host my own social networking profile)

OpenDNS' cooperation will be needed as well...

[bobby_brady]

I hear peoples cell phone conversations all the time

No wire tap is needed! Most people don't care about privacy. The other day some lady was talking about her medical test results in the grocery store line. Do you wanna know if she was positive for hepetitus B?

[gary_7vn]

None of my business

So she does not care, but I bet an insurance company would. This example is irrelevant. The point is whether or not the gov should spy on people in a wholesale manner. The key phrase is "false positives". Do you really want to go to gitmo cause someone, in secret, thinks you are a bad guy. I have friends who are Palestinians, should they spy on me? That's a rhetorical question.

[gerhard_schroeder]

Bush PWNS his liberal puppets

Mwahahahaha! The Democrats puppeted the voters when they said "Bush is ruining your rights and we will fight it". The Dem voters actually believed this, and elected them. Idiots... Now the Dem voters look like they were duped. No way around it. Must be nice to have an army of puppets who will believe anything you tell them.

[The_Decider]

Do you believe the lies

of Bush, Cheney, Gonzo, et al?

[rbannon]

Encrypt!

Thawte offers free email certificates that will allow a reasonably
safe way to encrypt and authenticate emails. Visit:

http://thawte-notary.blogspot.com/

if you want more information.

[gary_7vn]

Encryption is the fast track to gitmo

The easiest way to get yourself on a list is to send encrypted messages. This red flags you big time. Who is this guy? What is he hiding? What does the message say? Who is he sending it to? Start a file, let's get into his life.

If I sound paranoid it's because I have to be. They are watching, they are making lists. Don't send encrypted emails. They don't like that.

[julius027]

Thanks a lot washington

Thanks a lot Washington for sticking out
for the PEOPLE. May be you'll find the WMD or osama yeah right. It will be interesting to see when these backdoors given to the agencies are found by hackers what's gonna happen then. I tell you what! nothing No one will be responsible and with the law telecommunications companies will be liable free. Good job Ass..les

[mgmchan]

Does it matter?

It doesn't matter what is signed or allowed as for the past years, the administration has not been playing by the rules anyway... sigh...

[ralfthedog]

Oath of Office.

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

When any President takes office, he takes an oath to first and foremost preserve, protect and defend the CONSTITUTION of the United States. This is more important than stopping terrorists, cutting taxes, or preventing a Nuclear bomb from detonating in New York harbor.

The United States can survive any attack from terrorists. If we forsake the Constitution, we will no longer be America.

I do not believe the man in office has lived up to his oath.

[CharlesRovira]

Hey, nobody watching so ...

how 'bout listening in on that daughter of yours?

Ever wonder what Bill Gates is telling people these days?

What's really bad is when the whole of America suddenly realizes that's they're on a party line, what will that do to private speech?

[chasejackd]

Great Article

Thanks for the information Cnet!!

[Amairgen]

VoIP

It's my understanding that all VoIP traffic is considered international in nature (or can be routed out and back into the country). I think it's now open season on VoIP.

[dayebreak]

The Question Is Not How Far Does It Go;

The question is how far will this, and other administrations, bend it, abuse it, lie about it, cover it up, enhance it, ignore it, lie about it, conspire about it, etc. Good luck to those innocent civilians who get strung out in a supersecret investigation, cloaked in the 'national security' smoke of this law.

[bluemist9999]

The law isn't a big deal at all

First of all, it's what these organizations actually do (legal or not) that matters. Then, it's a matter of what you believe the organizations do with the information they gather.

Beyond all of that, if there were such a broad listening net, winnowing through the untold petabytes of information would require a ridiculous amount of processing power. Just think of how much CPU speech-recognition takes---and that is ONE voice, not millions of voices in various languages and dialects. And that's not including e-mail or videos, or any type of encryption.

So, if such resources did exist, they wouldn't bother checking every person because of the volume of data and effort required.

Therefore, I don't see the law as being such a big deal.

[GEBERWEIN]

Great comment

Great comment and concept.
Sadly the news media does the nation a disservice by flaming the fuels of passion through creative writing. What they say is the truth; but, it's just those parts they want to have known so they can form public opinion. Which is more fun than simply reporting it.

One great big news media has said they intend to do just that. A top Gannett News Service executive made remarks about that goal in a conference for teachers in Rochester NY a few years ago. Gannett publishes a lot of newspapers, including USA Today. Go figure.

[The_Decider]

Not a big deal?

A law that gives incompetent liars who have put themselves above the law unfettered authority to tap anyone making an international call on mere suspicion with no oversight is not a big deal?

A law that is in direct violation of the bill of rights is not a big deal?

Where do you people come from? Are you so cowardly that you can't think through your irrational fear? When did it become OK to act like the soviet union did?

[rbiz]

All Kinds of Prices

There are all kinds of prices to pay for the political and personal
freedoms that we Americans have heretofore taken as our
collective, God-given rights. And I'm not referring to our right
to buy as much gasoline as we want to as much as I'm talking
about the more fundamental and timeless rights that are
Constitutionally established.

We can pay with our lives by going overseas to stamp out
would-be intruders headed for our country or that can attack us
from afar, and/or we can pay right here at home by having to
put up with the occasional individual or group that pushes their
freedom of speech right too far, or abuses our understanding of
"free enterprise" by pushing the boundaries of what we would
consider fair competition. Occassionally we will even pay the
ultimate price right here at home - terrorism with loss of life
directly from the citizenary. Is it worth it? For me the answer is
yes.

I firmly believe that the level of security we had prior to 9/11,
domestically, was more than adequate. Adding endless amounts
of domestic security, above and beyond what we had before
9/11, will never guarantee that the U.S.A. will not be infiltrated
from time to time. I think the personal rights that we believed
we had prior to 9/11 were already on some kind of a line
between what could be considered reasonable and not, and I do
not believe that adding more than that will yield anything good
for the American people in the long run, including security.

Some might argue that the relative safety we've had since 9/11
is all because of more stingent domestic security practices, but I
think that simply going after Bin Laden [remember him?], and
subsequently Sadaam, together did far more than anything we've
done domestically to keep things relatively quiet on the home
front. Prior to 9/11 we had all of the departments and
subdivisions that we needed to handle domestic terrorism, did
they need improving, and perhaps even some reorganizing?
Yes.

Intended or not I see that the U.S.A. is moving headlong toward
a bout of facism that we've never experienced before and I'm
decidely leary of this new development on the heals of 9/11. We
have already given up more freedoms than we even fully
understand (but thanks for the info anyway CNET), and giving
away more is not going to net a corresponding level of security -
period.

I believe in and trust our current president, but will the next
president be trustworthy, will the president that leads our
country when I'm dead and gone be trustworty? I think that real
Americans will avoid even putting themselves in a situation
where they will almost inevitably, sooner or later, be fighting
their own government to preserve their personal freedoms.

[The_Decider]

Perplexing comments

How can you trust Bush? His actions has weakened America.

The recent report on the strength of the real al qaeda in Pakistan shows what a huge mistake going into Iraq and ignoring Bin Laden was.

Not to mention the lies he spouted to start his personal war.

He is the one demanding for all these attacks on our freedoms and considers the constitution to be merely a piece of paper.

Every single thing he has done as president has been a failure and made things worse.

How can you trust someone that trusts Gonzales?

How can you trust someone that allows his vice president to be responsible to no one?

What has he done to gain your trust, yet you can also see how messed up our country has become since 9/11.

How has gong after Saddam made us safer?

He was never a threat to us.

He was not involved in 9/11

Attacking Iraq have created more terrorists and destabilized that country and the region.

Attacking Iraq and totally ignoring Bin Laden has allowed him to regain strength and he is as big of a threat today as he was in 2001.

So once again, how in the hell do you trust and support this clown?

But most perplexing of all:

"I think that real Americans will avoid even putting themselves in a situation where they will almost inevitably, sooner or later, be fighting their own government to preserve their personal freedoms."

This is the path that Bush put us on.

[bdonohue1]

Geek Press Beats MSM, Again

This is coming from an experienced political blogger and observer of the MSM: this kid McCullagh runs rings around any mainstream news outlet you could name--he's better than WaPo, NYT, any of the TV networks, and the press services (with the possible exception of McClatchey). This is journalism the way it's supposed to be done: scratching the surface, going into detail, and handling the toughest questions without getting distracted by the superficial or by the spin coming out of any camp.

Geeks, you're lucky to have a resource like this available in your primary news outlet.