Included below is a fact sheet on the Foreign Intelligence Surveillance Act (FISA), the process to wiretap a known terrorist, and the National Security Agency’s (NSA) surveillance program, which is supported by John Ensign and opposed by Jack Carter.

Senator Ensign Supports the NSA Surveillance Program: It is a tool our military and intelligence agencies need to fight terrorism because it removes costly delays

• Congress enacted FISA 28 years ago to ensure that the President has the ability to gather foreign intelligence to protect the American people.
• There are times when intelligence agents learn that a known terrorist, like a member of al Qaeda, is communicating with people inside the United States.  What should the United States do in these cases?
• Jack Carter believes intelligence agencies should obtain a warrant under FISA to listen in.  He erroneously states that intelligence agents can immediately begin to monitor the communication and then, within 72 hours, obtain a warrant.
• FISA simply does not work that way.  Mr. Carter is correct that warrants are available under FISA within 72 hours, but he is wrong to suggest that FISA allows the agents to immediately listen to the call as it occurs.
• FISA only allows agents to listen in, including when there is an imminent terrorist threat, after lawyers at NSA and the Justice Department have approved and the Attorney General agrees.
• Since FISA does not account for modern technology and terrorists use different cell phones every few days, the reality is that authorities will not have the pre-approval they need to listen and will have to hang up.
• Senator Ensign understands the realities of terrorism and that the failure to gather accurate intelligence and respond immediately can be the difference in stopping a terror plot.

It is Important to Keep in Mind:

• The NSA surveillance program was implemented by the President, is within his inherent Constitutional authority and has been authorized by Congress.
• The Supreme Court has recognized the need for warrantless searches when “special needs beyond the normal need of law enforcement” exist.  The War on Terror is a special need.
• The NSA program does not spy on innocent Americans, and safeguards are in place to ensure that American’s civil liberties are protected.  NSA’s surveillance activities are reviewed every 45 days by an Inspector General.
• The NSA program is narrowly focused with only one purpose: detecting and preventing the next attack on the United States by terrorists.

** For more information on the NSA surveillance program or the FISA process, please visit http://www.usdoj.gov/opa/documents/nsa_myth_v_reality.pdf

Posted by: Tory Mazzola