New proposal on NSA surveillance [DeWine]

Below is an HTML rendition of DeWine's proposed bill.

The text of Specter's proposed bill (for comparison) is at ...
http://www.freerepublic.com/focus/f-news/1596992/posts

To provide in statute for the conduct of electronic surveillance of suspected terrorists for the purposes of protecting the American people, the Nation, and its interests from terrorist attack while ensuring that the civil liberties of United States citizens are safeguarded, and for other purposes.

IN THE SENATE OF THE UNITED STATES

Mr. DEWINE (for himself, Mr. GRAHAM, Mr. HAGEL, and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on ....

A BILL

To provide in statute for the conduct of electronic surveillance of suspected terrorists for the purposes of protecting the American people, the Nation, and its interests from terrorist attack while ensuring that the civil liberties of United States citizens are safeguarded, and for other purposes. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Terrorist Surveillance Act of 2006".

SEC. 2. TERRORIST SURVEILLANCE PROGRAM.

(a) IN GENERAL. -- Notwithstanding any provision of the Foreign Intelligence Surveillance Act of 1978 (50 4 U.S.C. 1801 et seq.), chapter 119 of title 18, United 5 States Code, or any other provision of law related to the interception or collection of communications, the President, through the Attorney General, may authorize a program of electronic surveillance without a court order for periods of up to 45 days if

(1) the President determines that the surveillance is necessary to protect the United States, its citizens, or its interests, whether inside the United States or outside the United States;

(2) there is probable cause to believe that one party subject to the surveillance is an agent or member of a group or organization, affiliated with a group or organization, or working in support of a group or organization on the list established under section 3;

(3) the surveillance is initiated and conducted in a manner reasonably designed to acquire only communications to or from the United States where --

(A) at least one party to such communications is reasonably believed to be physically located outside the United States; or

(B) such communications appear to originate or terminate outside the United States;

(4) there is not a substantial likelihood that the surveillance will acquire the substance of any communication where every party to such communication is physically located within the United States;

(5) a significant purpose of the surveillance is to obtain foreign intelligence information; and

(6) minimization procedures are in place with respect to the surveillance which meet the standards for minimization procedures under section 101(h) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(h)).

(b) SCOPE. --

(1) BASIS. -- Electronic surveillance carried out pursuant to the authority in subsection (a) shall not be conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States.

(2) TARGETING DECISIONS. -- The President may rely on intelligence community professionals to make targeting decisions during the course of electronic surveillance carried out pursuant to the authority in subsection (a) based on all lawfully collected information available to such professionals at the time of such decisions.

(c) DESIGNATION OF PROGRAM. -- Electronic surveillance carried out pursuant to the authority in subsection 5 (a) shall be known as the "Terrorist Surveillance Program".

(d) MINIMIZATION PROCEDURES. --

(1) INITIAL PROCEDURES. -- The Attorney General shall establish the minimization procedures required by subsection (a)(6) not later than 30 days after the date of the enactment of this Act.

(2) UPDATES. -- The Attorney General shall update the minimization procedures under this subsection at such times as the Attorney General considers appropriate, but not less often than annually.

(e) SUPPORT OF SURVEILLANCE. -- With respect to any electronic surveillance authorized by subsection (a), the Attorney General may direct a specified provider of 19 communication services or common carrier to --

(1) furnish all information, facilities, or technical assistance necessary to accomplish the surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and

(2) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the surveillance or assistance furnished that such carrier determines to retain.

(f) USE OF INFORMATION. --

(1) DISCLOSURE OF INFORMATION ON UNITED STATES PERSONS. -- Information acquired from electronic surveillance conducted pursuant to this section concerning any United States person may be used or disclosed by Federal officers or employees without the consent of the United States person only in accordance with the minimization procedures required by subsection (a)(6).

(2) USES OF INFORMATION. -- No information acquired from electronic surveillance conducted pursuant to this section may be used or disclosed by Federal officers or employees except for lawful purposes, including the provision of a factual predicate for an order for electronic surveillance under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804), dissemination to appropriate authorities consistent with the minimization procedures required by subsection (a)(6), and use as evidence in a criminal proceeding consistent with section 106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806).

SEC. 3. TERRORIST SURVEILLANCE LIST.

(a) IN GENERAL. -- The President shall establish and maintain for purposes of this Act a list of groups and organizations that are subject to electronic surveillance authorized under the Terrorist Surveillance Program. The list shall be known as the "Terrorist Surveillance List"

(b) REQUIREMENTS FOR LISTING. -- A group or organization may be placed on the list under this section only if the President determines that there is a reasonable likelihood that the group or organization, as the case may be --

(1) has engaged in an act of international terrorism against the United States, its citizens, or its interests, whether inside the United States or outside the United States;

(2) intends to engage in an act of international terrorism against the United States, its citizens, or its interests, whether inside the United States or outside the United States; or

(3) is engaged in activities in preparation for an actual or potential act of international terrorism against the United States, its citizens, or its interests, whether inside the United States or outside the United States.

(c) UPDATES. -- The President shall update the list under this section at such times as the President considers appropriate, but not less often than annually, including determining whether a group or organization placed on the Terrorist Surveillance List should be removed from the list.

SEC. 4. PROGRAM REVIEW AND REAUTHORIZATION.

(a) IN GENERAL. -- Not later than 45 days after the commencement of the Terrorist Surveillance Program and 45 days after the continuation of the Terrorist Surveillance Program pursuant to a determination under subsection (b), the Attorney General shall review the conduct of the program in order to determine the following:

(1) Whether the surveillance under the program met the requirements of section 2(a) during the period covered by the review.

(2) Whether to recommend the continuation of the program for another 45 days.

(b) CONTINUATION OF THE TERRORIST SURVEILLANCE PROGRAM. --

1) DETERMINATION ON CONTINUATION. -- Upon completion of the review of the Terrorist Surveillance Program by the Attorney General under subsection (a), the President shall determine the following:

(A) Whether the Terrorist Surveillance Program remains necessary to protect the United States, its citizens, or interests, whether inside the United States or outside the United States.

(B) Whether to continue the Terrorist Surveillance Program.

(2) CONTINUATION. -- If the President determines under paragraph (1) to continue the Terrorist Surveillance Program, the President, through the Attorney General, may continue the program for an additional period of 45 days, subject to the requirements of section 2(a).

(3) DISCONTINUATION. -- If the President determines under paragraph (1) to discontinue the Terrorist Surveillance Program, the President shall discontinue the program in a prompt manner.

(4) RECOMMENCEMENT OF PROGRAM. -- At any time after the discontinuation of the Terrorist Surveillance Program under paragraph (3), the President may recommence the program or any other program of electronic surveillance under this Act if the President determines that the requirements of section 2(a) are met.

(c) CERTIFICATION. -- Following completion of any review of a program of surveillance under this section, the Attorney General shall certify in writing and under oath, to the congressional intelligence committees, whether the program of surveillance, during the period covered by the review, met the requirements of section 2(a).

(d) REVIEW. -- The Attorney General shall conduct review of the Terrorist Surveillance Program under this section pursuant to such procedures as the Attorney General shall establish for purposes of this section.

SEC. 5. REVIEW OF SURVEILLANCE OF INDIVIDUAL TARGETS.

(a) IN GENERAL. -- When conducting a 45-day review under section 4, the Attorney General shall also review the surveillance of individual targets within the United States under the program during the period covered by the review. During such review, the Attorney General shall determine the following:

(1) Whether the known facts and circumstances relating to any target within the United States --

(A) met the requirements of section 2(a) during the period covered by the review; and

(B) satisfy the criteria for an application under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for an order for electronic surveillance of the target under section 105 of that Act (50 U.S.C. 1805).

(2) Whether to terminate surveillance on the target.

(3) Whether to continue surveillance under section 2(a).

(b) CONTINUED SURVEILLANCE UNDER FISA. --

(1) IN GENERAL. --

(A) DETERMINATION. -- If, at any time (including through a review of electronic surveillance under section 4), the Attorney General determines that the known facts and circumstances relating to any target within the United States satisfy the criteria for an application under section 104 of the Foreign Intelligence Surveillance Act of 1978 for an order for electronic surveillance of the target under section 105 of that Act, the Attorney General, at the direction of the President, shall --

(i) discontinue the surveillance of the target under section 2(a); or

(ii) continue the surveillance of the target under section 2(a), subject to the requirements of subparagraph (B).

(B) CONTINUATION OF SURVEILLANCE. --

(i) IN GENERAL. -- The Attorney General may continue surveillance of a target under section 2(a) as specified in subparagraph (A)(ii) only if the Attorney General makes an application under section 104 of the Foreign Intelligence Surveillance Act of 1978 for an order for electronic surveillance of the target under section 105 of that Act as soon as practicable after the date on which the Attorney General makes the determination to continue surveillance of the target under subparagraph (A)(ii), but in no event later than seven days after the date of such determination.

(ii) PERIOD. -- The period during which the Attorney General may continue surveillance of a target under section 2(a) as specified in subparagraph (A)(ii) shall be limited to the period during which the application of the Attorney General under section 104 of the Foreign Intelligence Surveillance Act of 1978 for an order for electronic surveillance of the target under section 105 of that Act is pending under that Act, including during any period in which appeal from the denial of the application is pending under the court of review or the Supreme Court under section 103(b) of that Act (50 U.S.C. 1803(b)).

(c) DISCONTINUATION OF SURVEILLANCE. -- If the Attorney General determines through a review of electronic surveillance under this section that the known facts and circumstances relating to any target within the United States do not meet the requirements of section 2(a) and do not satisfy the criteria for an application under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for an order for electronic surveillance of the target under section 105 of that Act (50 U.S.C. 1805), the Attorney General shall discontinue the surveillance of the target under section 2(a).

(d) CONTINUED SURVEILLANCE UNDER SECTION 2(a). --

(1) PRESUMPTION. -- In reviewing the electronic surveillance of a target in the United States under this section, the Attorney General shall presume that electronic surveillance of a target shall be conducted under the Foreign Intelligence Surveillance Act of 1978 or be terminated.

(2) REBUTTAL OF PRESUMPTION. -- The presumption under paragraph (1) with respect to a target can be rebutted, and the Attorney General may continue the surveillance of a target under section 2(a), if --

(A) the Attorney General determines, based on the known facts and circumstances relating to such target, that --

(i) the surveillance of the target during the previous 45-day period satisfied the requirements of section 2(a); and

(ii) there is a good faith belief that continued surveillance will result in the acquisition of foreign intelligence information; and

(B) the President determines that continued surveillance of the target is necessary to protect the United States, its citizens, or interests, whether inside the United States or outside the United States.

(e) CERTIFICATION. -- If the Attorney General decides to continue surveillance of a target under section 2(a), not 25 later than 72 hours after the Attorney General conducts the applicable review under subsection (a), the Attorney General shall certify in writing and under oath to the terrorist surveillance subcommittees that --

(1) the surveillance of the target during the previous 45-day period satisfied the requirements of section 2(a);

(2) the known facts and circumstances relating to the target do not satisfy the criteria for an application under section 104 of the Foreign Intelligence Surveillance Act of 1978 for an order for electronic surveillance of the target under section 105 of that Act;

(3) the President has determined that continued surveillance of the target without a court order is necessary to protect the United States, its citizens, or interests; and

(4) continued surveillance is being undertaken in a good faith belief that it will result in the acquisition of foreign intelligence information.

(f) SUBMITTING CERTIFICATION TO FISA COURT. --

Section 104(a) of the Foreign Intelligence Surveillance 22 Act of 1978 (50 U.S.C. 1804(a)) is amended --

(1) in paragraph (10), by striking "and" at the end;

(2) in paragraph (11), by striking the period at the end and inserting "; and"; and

(3) by adding at the end the following: "(12) if applicable, each certification under section 5(e) of the Terrorist Surveillance Act of 2006 relating to the continued surveillance of the target of the electronic surveillance that is the subject of the application.".

SEC. 6. REGULAR AND ONGOING OVERSIGHT BY CONGRESS.

(a) SENATE TERRORIST SURVEILLANCE SUBCOMMITTEE. -- The Select Committee on Intelligence of the Senate shall designate the creation of a Subcommittee, in accordance with the Rules of the Senate, with the exclusive jurisdiction to oversee and monitor all matters relating to surveillance conducted by the President under the Terrorist Surveillance Program. The Subcommittee shall be authorized to employ staff members, as needed, with the technical and subject matter expertise necessary to assist the Subcommittee in conducting regular, ongoing oversight of any surveillance conducted by the President under the Terrorist Surveillance Program. The staff members shall work exclusively for, and report exclusively to, the Subcommittee.

(b) HOUSE TERRORIST SURVEILLANCE SUBCOMMITTEE. -- The Permanent Select Committee on Intelligence of the House of Representatives shall designate the creation of a Subcommittee, in accordance with the Rules of the House of Representatives, with the exclusive jurisdiction to oversee and monitor all matters relating to surveillance conducted by the President under the Terrorist Surveillance Program. The Subcommittee shall be authorized to employ staff members, as needed, with the technical and subject matter expertise necessary to assist the Subcommittee in conducting regular, ongoing oversight of any surveillance conducted by the President under the Terrorist Surveillance Program. The staff members shall work exclusively for, and report exclusively to, the Subcommittee.

(c) SUBMITTALS TO FULL INTELLIGENCE COMMITTEES. --

(1) TERRORIST SURVEILLANCE LIST. --

(A) IN GENERAL. -- Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the congressional leadership and the congressional intelligence committees a current version of the list established under section 3.

(B) UPDATES. -- Not later than 72 hours after any update or modification of the list established under section 3, the President shall submit to the congressional intelligence committees a current version of the list, showing such update or modification.

(2) REVIEW PROCEDURES. --

(A) IN GENERAL. -- The Attorney General shall submit to the congressional intelligence committees the review procedures established under section 4(d).

(B) UPDATES. -- Not later than 72 hours after any update or modification of the review procedures established under section 4(d), the Attorney General shall submit to the congressional intelligence committees a current version of the procedures, showing such update or modification.

(3) NOTICE OF SURVEILLANCE. -- Not later than 72 hours after the commencement of a program of electronic surveillance under section 2(a) or the continuation, discontinuation, or recommencement of a program of electronic surveillance under section 2(a), the President shall provide notice of such action to the congressional intelligence committees.

(4) MINIMIZATION PROCEDURES. --

(A) IN GENERAL. -- The Attorney General shall submit to the congressional intelligence committees the minimization procedures established under section 2(d).

(B) UPDATES. -- Not later than 72 hours after any update to or modification of the minimization procedures established under section 2(d), the Attorney General shall submit to the congressional intelligence committees the updated or modified version of the minimization procedures.

(5) FORM OF SUBMITTALS. -- Any matter submitted under this subsection shall be submitted in classified form.

(d) SUBMITTALS TO SUBCOMMITTEES. --

(1) IN GENERAL. -- The President shall submit to the terrorist surveillance subcommittees a report on the management and operational details of the Terrorist Surveillance Program generally and on any specific surveillance conducted under the Terrorist Surveillance Program whenever requested by either of the terrorist surveillance subcommittees.

(2) SEMI-ANNUAL REPORTS. --

(A) IN GENERAL. -- In addition to any reports required under paragraph (1), the President shall, not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, fully inform the terrorist surveillance subcommittees on all electronic surveillance conducted under the Terrorist Surveillance Program.

(B) CONTENTS. -- Each report under subparagraph (A) shall include the following:

(i) A complete discussion of the management, operational details, effectiveness, and necessity of the Terrorist Surveillance Program generally, and of the management, operational details, effectiveness, and necessity of all electronic surveillance conducted under the program, during the six-month period ending on the date of such report.

(ii) For any target located within the United States subject to surveillance under the Terrorist Surveillance Program for more than 45 days --

(I) an explanation why continued surveillance of the subject is necessary to protect the United States, its citizens, or interests; and

(II) an explanation why the Attorney General has not sought an order for the approval of electronic surveillance of the subject under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

(iii) The total number of targets of electronic surveillance within the United States during the preceding 6-month period either commenced or continued under the Terrorist Surveillance Program.

(iv) The total number of United States persons targeted for electronic surveillance during the preceding 6-month period under the Terrorist Surveillance Program.

(v) The total number of targets of electronic surveillance within the United States during the preceding 6-month period under the Terrorist Surveillance Program for which, an application was made under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for an order under section 105 of that Act (50 U.S.C. 1805) approving electronic surveillance under that Act, and, of such applications, the total number either granted, modified, or denied.

(vi) Any other information specified, in writing, to be included in such report by either of the terrorist surveillance subcommittees.

(vii) A description of the nature of the information sought under the Terrorist Surveillance Program, the types of communications subjected to such program, and whether the information sought under such program could be reasonably obtained by less intrusive investigative techniques in a timely and effective manner.

(3) FORM OF REPORTS. -- Any report or information submitted under this subsection shall be submitted in classified form.

(e) ANNUAL REPORTS BY SUBCOMMITTEES. -- The terrorist surveillance subcommittees shall prepare separate annual reports on the Terrorist Surveillance Program, including the program's effectiveness, its management, its operational details, and any other matters that the subcommittees consider appropriate. Each report shall be prepared in a classified form.

SEC. 7. SUNSET.

This Act and the amendments made by this Act are repealed effective on the date that is 5 years after the date of enactment of this Act.

SEC. 8. CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OF INFORMATION ON SURVEILLANCE PROGRAMS.

(a) ESTABLISHMENT OF OFFENSE. -- Chapter 37 of 11 title 18, United States Code, is amended by inserting after section 798A the following new section:

"§ 798B. Unauthorized disclosure of information on surveillance programs

"(a) IN GENERAL. -- Any covered person who intentionally discloses information identifying or describing, whether in whole or in part, electronic surveillance authorized by section 2 of the Terrorist Surveillance Act of 2006, or any other information relating to the Terrorist Surveillance Program under that Act or any program of surveillance under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) to any individual not authorized to receive such information shall be fined not more than $1,000,000, imprisoned not more than 15 years, or both.

"(b) DEFINITION. -- In this section, the term "covered person" means any person authorized to receive information under the Terrorist Surveillance Act of 2006, or the Foreign Intelligence Surveillance Act of 1978.".

(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 798A the following new item:

"798B. Unauthorized disclosure of information on surveillance programs.".

SEC. 9. DEFINITIONS.

In this Act --

(1) the term "congressional intelligence committees" means --

(A) each member of the Select Committee on Intelligence of the Senate; and

(B) each member of the Permanent Select Committee on Intelligence of the House of Representatives;

(2) the term "congressional leadership" means --

(A) the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and

(B) the Majority Leader and Minority Leader of the Senate;

(3) the terms "international terrorism", "electronic surveillance", "foreign intelligence information", and "United States person" have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and

(4) the term "terrorist surveillance subcommittees" means the subcommittees of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives created under section 6(a) and (b).

Press release from DeWine's Senate site ...

http://dewine.senate.gov/pressapp/record.cfm?id=252819

It should, simply put, allow NSA surveillance of any electronic or physical contact between Americans and an OUTSIDE (or potentially outside) party.

Since, until the electronic surveillance can't determine WHO and FROM WHERE somebody is being contacted WHEN that contact occurs, but must wait until the contact is analyzed, problem solved.

Then again, the democrats DON'T want to solve the problem.

MI ping

None of the stories on this subject have bothered to look at the history of American communications intercepts under FDR in WW II. On orders of the President, all mail going to, or coming from, any territory controlled by Germany or Japan was opened, read, resealed, and sent on its way.

This reading of mail was NOT restricted to "known suspects" as collaborators with either Germany or Japan. It applied to ALL such mail. And during WW II, the Postal Service was the equivalent of the Internet today.

Facts are useful things. But they have to appear in public to be useful.

Congressman Billybob

Latest article: "Rep. Taylor's Office Caught in an Obvious Lie in Attempt to Smear John Armor"

None of the stories on this subject have bothered to look at the history of American communications intercepts under FDR in WW II.

Or the history of electronic intercepts, for that matter.

Was that practice (opening the mail) challenged in court?

No it wasn't. The story didn't come out until after the war was over. Likewise, Roosevelt's abuse of the Census Bureau to find and round up Japanese-Americans (who were never charged with any crimes) did not come out until after.

John / Billybob

Too bad. I think the legality of the surveillance should be litigated. Do you know if a suit has been brought?

I haven't read Specter legislation in its entirety, however, he uses the term "foreign power" when referring to a basis for surveillance. Al Qaeda is not a "foreign power" as I understand the definition.

Thus, Specter's proposed legislation who imperil the U.S.

Was that practice (opening the mail) challenged in court?

I haven't found a court challenge. I suspect it would be have been lost, given the close cooperation between the President and Congress in the matter, at the time.

The War Powers Act is passed by Congress, authorizing the president to initiate and terminate defense contracts, reconfigure government agencies for wartime priorities, and regulate the freezing of foreign assets. It also permitted him to censor all communications coming in and leaving the country.
http://gbxforums.gearboxsoftware.com/showthread.php?t=21006
In August, 1942 a newspaper columnist received a "very stern letter" from the U.S. government because she had described the weather during a trip with her husband. Eleanor Roosevelt promised not to do it again.
http://www.pbs.org/perilousfight/home_front/censorship/
Franklin D. Roosevelt
Executive Order 8985 Establishing the Office of Censorship.
December 19th, 1941
All Americans abhor censorship, just as they abhor war. But the experience of this and of all other Nations has demonstrated that some degree of censorship is essential in wartime, and we are at war.
The important thing now is that such forms of censorship as are necessary shall be administered effectively and in harmony with the best interests of our free institutions. ...
It is necessary that prohibitions against the domestic publication of some types of information, contained in long-existing statutes, be rigidly enforced. ...
1. There is hereby established the Office of Censorship, at the head of which shall be a Director of Censorship. The Director of Censorship shall cause to be censored, in his absolute discretion, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country or which may be carried by any vessel or other means of transportation touching at any port, place, or Territory of the United States and bound to or from any foreign country, in accordance with such rules and regulations as the President shall from time to time prescribe. The establishment of rules and regulations in addition to the provisions of this Order shall not be a condition to the exercise of the powers herein granted or the censorship by this Order directed. The scope of this Order shall include all foreign countries except such as may hereafter be expressly excluded by regulation. ...
http://www.presidency.ucsb.edu/ws/print.php?pid=16068

Some details of the censorship regulations, brought up in a discussion of the Clipper chip ...

612. In fact, wartime has often provided the impetus for U.S. government censorship of communications between the United States and foreign countries. See, e.g., Exec. Order No. 8985 (Dec. 19, 1941), reprinted in 3 C.F.R. 1047 (1938-1943) (establishing the Office of Censorship to censor, at the "absolute discretion" of the Director, "mail, cable, radio, or other means of transmission" to or from other countries), revoked Exec. Order No. 9631 (Sept. 28, 1945), reprinted in 3 C.F.R. 435 (1943-1948) (abolishing the Office of Censorship); see also Matthew J. Jacobs, Assessing the Constitutionality of Press Restrictions in the Persian Gulf War, 44 Stan. L. Rev. 675, 679-86 (1992) (outlining the history of U.S. wartime battle-zone censorship).
The World War II domestic censorship regulations required that all written[**PAGE 851**]messages--including those hand-carried--be passed to a censor. See U.S. Censorship Regulations, 32 C.F.R. § 1801.3 (1945). Letters from the United States to foreign countries or U.S. possessions were to be written "in English, if possible" but if written in another language then "the name of the language used should be written in English on the face of the envelope." Id. § 1801.21(b). Cables and radio traffic were permitted only in English, French, Portuguese, or Spanish without special authorization. See id. § 1801.48.
Letters employing codes and ciphers were specifically prohibited unless authorized. See id. § 1891.22. Cable transmissions could use any one of nine specified commercial codes, but private codes required a special license from the Department of Censorship. Applicants for these licenses were required to provide 15 copies of their code with the application. See id. § 1801.49.
Telephone calls to Mexico were permitted to be in Spanish, while French was allowed in calls to Canada. Radiotelephones could use English, Spanish, French, and Portuguese "except in the event that translators are not available at the censorship point." Id. § 1801.74. Anonymous international calls were prohibited. All callers had to identify themselves to the censors in advance. See id. § 1801.71. Callers from hotels had to be identified by the management, whereas calls from pay phones were banned. See id. §§ 1801.72-.73.
The Metaphor is the Key -- Notes IVA

Of course the Denizens of DU would argue that the US is not at war with anyone save its citizens.

[Specter] uses the term "foreign power" when referring to a basis for surveillance. Al Qaeda is not a "foreign power" as I understand the definition.

I'm quite certain that al Qaeda is within the definition of "foreign power" under both FISA and Specter's proposed legislation, which is an amendment of FISA. Where Specter's text refers to Section 101, that is 50 USC 1801.

First below, Specter's proposed amendment, then the text of the current law ...

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended-- ...
"TITLE VII--ELECTRONIC SURVEILLANCE
"SEC. 701. DEFINITIONS.
"As used in this title--
"(1) the terms `agent of a foreign power', `Attorney General', `foreign intelligence information', `foreign power', `international terrorism', `minimization procedures', `person', `United States', and `United States person' have the same meaning as in section 101;
50 USC § 1801
As used in this subchapter:
(a) "Foreign power" means--
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons; or
(6) an entity that is directed and controlled by a foreign government or governments.

Al Qaeda fits into the definition of 50 USC 1801(a)(4).

I don't quote understand why Congress doesn't make a simple amendment to 50 USC 1802 (warrantless electronic surveillance) to include this group. Currently, 50 USC 1802 reads as follows:

50 USC § 1802 Electronic surveillance authorization without court order; ...
(a)
(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that--
(A) the electronic surveillance is solely directed at--
(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;
(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; ...

I posted DeWine's proposed statute because its length and provisions for reporting, etc. really surprised me. I think DeWine's proposal was supposed to represent something agreeable to the WH. I'm no sure his language does, although at a glance it seems to reflect the extent of "off FISA" surveillance described by President Bush.

Of course the Denizens of DU would argue that the US is not at war with anyone save its citizens.

Of course. But there are some fairly obvious differences between conducting censorship according to a public order from Congress and the President, vs. one branch conducting a program on the QT.

Whatever any of the Congress critters propose and even pass will be vetoed by Bush [which is what he should have done with the Campaign Finance Reform legislation; aka "the incumbent protection act"] because Congress cannot pass laws that circumvent the Constitutional authority given to the President without an amendment to the Constitution.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons of things to be seized.

The SUPREME law of the land. SUPREME!!

What don't these "Senators" understand about that language above?

No matter how many words in anyones proposed bills the AG will have to assure that it doesn't conflict with the Constitution and if any part may conflict, he has a legal obligation to challenge it.

The president should never sign on to this stuff. He is the president, the commander in chief of the armed forces of the United States.

Any commander's flexibility requires freedom of response. His ability to respond to hostile actions of any variety at any time by the enemies of this nation are not the purview of Congress. COMMAND responsibility and flexibility are assigned him by the constitution.

Same subject - a take from folks who hang out at JustOneMinute ...

JustOneMinute: "A Billowing White Flag" - Or Is It A Towel?
http://justoneminute.typepad.com/main/2006/03/a_billowing_whi.html

So, let's back up ... either we're not at war or the President during war time does not have the inherent authority to monitor enemy communications? I am trying to understand the complexities of this issue as there is so much more heat than light.