Bush wants to "liberalize" FISA

Embargoed Until Delivery

At 10:06 A.M. EDT, Saturday, July 28, 2007

RADIO ADDRESS BY THE PRESIDENT

TO THE NATION

THE PRESIDENT: Good morning. This week I visited with troops at Charleston Air Force Base. These fine men and women are serving courageously to protect our country against dangerous enemies. The terrorist network that struck America on September the 11th wants to strike our country again. To stop them, our military, law enforcement, and intelligence professionals need the best possible information about who the terrorists are, where they are, and what they are planning.

One of the most important ways we can gather that information is by monitoring terrorist communications. The Foreign Intelligence Surveillance Act -- also known as FISA -- provides a critical legal foundation that allows our intelligence community to collect this information while protecting the civil liberties of Americans. But this important law was written in 1978, and it addressed the technologies of that era. This law is badly out of date -- and Congress must act to modernize it.

Today we face sophisticated terrorists who use disposable cell phones and the Internet to communicate with each other, recruit operatives, and plan attacks on our country. Technologies like these were not available when FISA was passed nearly 30 years ago, and FISA has not kept up with new technological developments. As a result, our Nation is hampered in its ability to gain the vital intelligence we need to keep the American people safe. In his testimony to Congress in May, Mike McConnell, the Director of National Intelligence, put it this way: We are "significantly burdened in capturing overseas communications of foreign terrorists planning to conduct attacks inside the United States."

To fix this problem, my Administration has proposed a bill that would modernize the FISA statute. This legislation is the product of months of discussion with members of both parties in the House and the Senate -- and it includes four key reforms: First, it brings FISA up to date with the changes in communications technology that have taken place over the past three decades. Second, it seeks to restore FISA to its original focus on protecting the privacy interests of people inside the United States, so we don't have to obtain court orders to effectively collect foreign intelligence about foreign targets located in foreign locations. Third, it allows the government to work more efficiently with private-sector entities like communications providers, whose help is essential. And fourth, it will streamline administrative processes so our intelligence community can gather foreign intelligence more quickly and more effectively, while protecting civil liberties.

Every day that Congress puts off these reforms increases the danger to our Nation. Our intelligence community warns that under the current statute, we are missing a significant amount of foreign intelligence that we should be collecting to protect our country. Congress needs to act immediately to pass this bill, so that our national security professionals can close intelligence gaps and provide critical warning time for our country.

As the recent National Intelligence Estimate reported, America is in a heightened threat environment. Reforming FISA will help our intelligence professionals address those threats -- and they should not have to wait any longer. Congress will soon be leaving for its August recess. I ask Republicans and Democrats to work together to pass FISA modernization now, before they leave town. Our national security depends on it.

Thank you for listening.

The changes, effective today, will help counter a threat like no other our Nation has ever faced. . . .

We're dealing with terrorists who operate by highly sophisticated methods and technologies, some of which were not even available when our existing laws were written. The bill before me takes account of the new realities and dangers posed by modern terrorists. It will help law enforcement to identify, to dismantle, to disrupt, and to punish terrorists before they strike. . . .

Surveillance of communications is another essential tool to pursue and stop terrorists. The existing law was written in the era of rotary telephones. This new law I sign today will allow surveillance of all communications used by terrorists, including e-mails, the Internet, and cell phones. As of today, we'll be able to better meet the technological challenges posed by this proliferation of communications technology. . .

In his radio address the following week, this is what the President said about the changes to FISA:

The bill I signed yesterday gives intelligence and law enforcement officials additional tools they need to hunt and capture and punish terrorists. Our enemies operate by highly sophisticated methods and technologies, using the latest means of communication and the new weapon of bioterrorism.

When earlier laws were written, some of these methods did not even exist. The new law recognizes the realities and dangers posed by the modern terrorist. It will help us to prosecute terrorist organizations -- and also to detect them before they strike. . . .

Surveillance of communications is another essential method of law enforcement. But for a long time, we have been working under laws written in the era of rotary telephones. Under the new law, officials may conduct court-ordered surveillance of all modern forms of communication used by terrorists.

George Bush justified the sweeping expansion of FISA back in October of 2001 by insisting that the changes allowed full-scale surveillance of all modern means of communications -- including email and cell phones.