Rep. Scott Says New Wiretap Law Threatens Privacy

August 6, 2007
Press Release
(Washington D.C.) - Congressman Robert C. "Bobby" Scott (D-VA-03) opposed legislation on the House floor late Saturday night that will greatly expand federal wiretap authority and allow the government to spy on Americans without court oversight. The original law, which this new bill will expand, already permits the gathering of foreign intelligence but prohibits surveillance on Americans that would be considered a violation of the Constitution.

"The Administration told Congress that they needed to modernize the federal wiretap law by allowing them to listen to communications between two individuals in different countries whose calls were routed through the United States. That is a legitimate intelligence need, but this bill goes too far," said Rep. Scott.

"The bill, which was being pushed by Administration officials, preys upon the American people's fears of another terrorist attack.It allows warrantless surveillance of people in the United States without a court order and without oversight, even when an investigation does not involve terrorism. The new law will allow the government to listen to calls involving Americans if they have anything to do with someone abroad," explained Congressman Scott.

Normally, if the government needs to conduct surveillance as part of a foreign intelligence operation, it must get a warrant from the secret Foreign Intelligence Surveillance Court (FISC). The FISC's work and its orders are classified, but it does provide some outside check on the government's decision to spy on an individual. This new law would eliminate that requirement in many cases.

"I am deeply disappointed that Congress approved this measure in its current form. The cost of protecting our borders should never come at the expense of forfeiting our civil liberties. The government has the ability to conduct any surveillance and intelligence gathering it needs within the law. Allowing the government to spy on Americans without any oversight, even by the secret FISC, will not make us safer, but it will make us less free." concluded Rep. Scott.

The bill, which passed the Senate on Friday, passed the House by a vote of 227-183.

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