A Plausible Compromise on the Use of Government Surveillance

By: Jason Cunningham (1/5/2005)

  For  nearly a month,  America has been discussing whether President Bush's authorization of electronic surveillance without going through the FISA (Foreign Intelligence Surveillance Act Court)  is reasonable. The America people want to believe that there are checks and balances even within government. In order to make the country feel safe and not violated; therefore a compromise is needed.

 The government knows people are afraid of the threat of terrorism. Our President Bush can go to FISA court in order to obtain a warrant for wiretap and physical searches. Right now he gets 72 hours of surveillance before a warrant is required  to sought from the FISA Court. This fact has been omitted many times. Regardless, I think most people would be comfortable if the Bush Administration and future Presidents could have 120 hours or 5 days to use electronic or physical searches without a warrant.

  I do not believe it is unlawful even for the President to allow electronic surveillance or searches without eventually obtaining a warrant.  If individual government agencies generally claim there is only a limited opportunity to obtain information, what is stopping them from gathering information to get a warrant from the FISA court? I think it would be different story if they had to seek the warrant first and then start their surveillance; however, this is not the case. It is a dangerous proposition to allow continual searches in secrecy; where no other branch of the government, the legislative branch, is aware of the necessity of such a search. It is one thing to fight a military war where "one hand does not need to know what the other hand is doing," but we are referring mainly to wiretaps of people on American soil. 

 I know some people believe President Bush can do no wrong. It does not matter to me who is in the White House, no public official should be allowed to run a monarchy.  What would stop the Administration from investigating web sites like mine that offer commentary on what is occurring in our society? Bush can continue to avoid the FISA court then he would be on his way to absolute power. I can safely say "Our Founding Fathers" never intended for this occur. To make it easier on the current administration there should also be a limit on the information needed to be submitted to the FISA court. There is no need for a 500 page brief, maybe a limit of 20 pages? Lawyers need to learn to be brief.

 I am all for protecting the United States. There needs to a balance between public safety and individual rights. That is what separates our Nation from other places in the world. We have the freedom to agree and dissent,  and this must be maintained to keep the tradition of the First Amendment alive.

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