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The Honolulu Advertiser
Posted on: Tuesday, August 7, 2007

Wiretaps and a flawed law: Here we go again

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In the frantic moments following Sept. 11, our government rightly went into security mode. Congress hastily passed the Patriot Act, which made it easier for the federal government to collect personal data, such as medical and library records, as well as conduct searches of homes and businesses without notice.

Such a law, which clearly encroached on our civil liberties, was worrisome, but almost understandable given the circumstances. With our nation under attack, there was simply little time to think.

But numerous disturbing reports have emerged since then. In 2002, the Bush adminsitration authorized the National Security Agency to spy on countless Americans without court-approved warrants required by the Foreign Intelligence Surveillance Act of 1978. Bush said he acted in the name of national security.

Security, yes — but not at the expense of civil liberties.

Still, the president was able to sign a new law on Sunday that expands the government's authority to eavesdrop on private communications in the U.S. that involve foreigners. And he did so with approval of our representatives.

Reports describe this act of Congress before heading for its recess as "swift" and "surprising," not unlike the approval of the Patriot Act.

Here's the difference: There is no attack on American soil affecting our government's ability to think with clarity. The president's move was predictable, but Congress' approval is simply unforgivable. Any American in contact with a foreigner — whether it be by phone, e-mail or traditional mail — will be vulnerable to a wiretap, as long as the investigation is directed at the foreigner. Outrageous.

The law expires in six months, by which time Congress must find the political spine to thwart its renewal.

It's too late to fix this unthinkable mistake, but there's still time to make sure it never happens again.