What does it mean to “get FISA right”?

March 4, 2009

Thanks to Jim Burrows for taking the lead and kicking off a series of posts on this difficult subject.  With the Obama DOJ currently mirroring the Bush Administration’s stance, we see it as increasingly likely that the issue of FISA is going to come up in Congress relatively soon.  So now’s a great time to start framing the issue positively and proactively: what outcome do we want?  We’ll update this post with links to future posts in the series … more details soon! — Jon Pincus

As a member of “Get FISA Right”, I find myself asking, “What does ‘get it right’ mean?” I don’t have a definitive answer, but let me give a few thoughts as a basis for a discussion of the topic.

The Foreign Intelligence Surveillance Act (FISA) was originally passed in 1978 order to balance the legitimate need to spy on the nation’s foreign enemies, with the Constitutional rights of her citizens, and especially to curb existing abuse. Technology has changed dramatically since it was written, and our enemies are different. Also, there has been a new round of abuse. All of these must be addressed.

To “get it right”, let me suggest that we need:
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