Bush calls on Congress for new phone, e-mail tapping law

Bush calls on Congress for new phone, e-mail tapping law

President Bush wants Congress to modernize a law governing how intelligence agencies monitor the communications of suspected terrorists.

The Foreign Intelligence Surveillance Act provides a legal foundation allowing information about terrorists' communications to be collected without violating civil liberties. Democrats want to ensure that changes do not give the executive branch unfettered surveillance powers.

Bush noted in his radio address Saturday that terrorists now use disposable cell phones and the Internet to communicate, recruit operatives and plan attacks; such tools were not available when FISA passed nearly 30 years ago. He also cited a recent intelligence estimate that concluded al-Qaida is using its strength in the Middle East to plot attacks on U.S. soil.

Sen. Russ Feingold (D-Wis.) said Bush was trying to exploit the threat from al-Qaida to push the bill.

The 1978 law set up a court that meets in secret to review applications from the FBI, the National Security Agency and others for warrants to wiretap or search the homes of people in the United States in terrorist or espionage cases.

After Sept. 11, Bush authorized the NSA to spy on calls between people in the United States and suspected terrorists abroad without FISA court warrants. The administration said it needed to act more quickly than the court could. After the program became public and was challenged, Bush put it under FISA court supervision.

Caroline Fredrickson of the American Civil Liberties Union said: "The reality is, their proposal would gut FISA."