Vote number 2007-309 removing need for FISA warrant for wiretapping abroad
on Aug 3, 2007 regarding bill S.1927 Protect America Act
Results: Bill Passed, 60-28 (3/5 required)

Vote on passage of S.1927, the Protect America Act: Amends the Foreign Intelligence Surveillance Act (FISA) to state that nothing under its definition of "electronic surveillance" should encompass surveillance directed at any person reasonably believed to be located outside the US.

A modified version, S.2011, failed; it called for amending FISA to provide that a court order is not required for the electronic surveillance of communication between foreign persons who are not located within the US for collecting foreign intelligence information, without respect to whether the communication passes through the US or the surveillance device is located within the US.

Opponents recommend voting NO because:

Sen. LEVIN: Both bills cure the problem that exists: Our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activities who are physically located in foreign countries. Now, what are the major differences? Our bill (S2011) is limited to foreign targets limited overseas, unlike the Bond bill (S1927), which does not have that key limitation and which very clearly applies to US citizens overseas. Our bill does not. Now, if there is an incidental access to US citizens, we obviously will permit that. But the Bond bill goes beyond that, citing "any person." It does not say a "foreign person." We avoid getting to the communications of Americans. There you have to go for a warrant.

Proponents support voting YES because:

Sen. LIEBERMAN: I will vote for the Bond proposal (S1927) because we are at war, & there is increased terrorist activity. We have a crisis. This proposal will allow us to gather intelligence information on that enemy we otherwise would not gather. This is not the time for striving for legislative perfection. Let us not strive for perfection. Let us put national security first. We are going to have 6 months to reason together to find something better.

Categorized under Homeland Security

Voting N counts for 2 points on VoteMatch question 14: Homeland Security.