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.
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 § 1801As 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.
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; ...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.(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; ...