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The Honolulu Advertiser
Updated at 3:57 p.m., Wednesday, July 9, 2008

Senate passes surveillance bill; Inouye, Akaka differ

Associated Press

SENATE ROLL CALL VOTE ON SURVEILLANCE BILL

The 69-28 roll call by which the Senate approved a bill today overhauling controversial rules on secret government eavesdropping.

The bill would protect telecommunications companies from lawsuits complaining they helped the U.S. spy on Americans.

On this vote, a “yes” vote was a vote to overhaul the eavesdropping rules and a “no” vote was a vote against the proposed overhaul.

Voting “yes” were 21 Democrats, 47 Republicans and 1 independent.

Voting “no” were 27 Democrats, 0 Republicans and 1 independent.

X denotes those not voting.

DEMOCRATS YES

Baucus, Mont.; Bayh, Ind.; Carper, Del.; Casey, Pa.; Conrad, N.D.; Feinstein, Calif.; Inouye, Hawaii; Johnson, S.D.; Kohl, Wis.; Landrieu, La.; Lincoln, Ark.; McCaskill, Mo.; Mikulski, Md.; Nelson, Fla.; Nelson, Neb.; Obama, Ill.; Pryor, Ark.; Rockefeller, W.Va.; Salazar, Colo.; Webb, Va.; Whitehouse, R.I.

DEMOCRATS NO

Akaka, Hawaii; Biden, Del.; Bingaman, N.M.; Boxer, Calif.; Brown, Ohio; Byrd, W.Va.; Cantwell, Wash.; Cardin, Md.; Clinton, N.Y.; Dodd, Conn.; Dorgan, N.D.; Durbin, Ill.; Feingold, Wis.; Harkin, Iowa; Kerry, Mass.; Klobuchar, Minn.; Lautenberg, N.J.; Leahy, Vt.; Levin, Mich.; Menendez, N.J.; Murray, Wash.; Reed, R.I.; Reid, Nev.; Schumer, N.Y.; Stabenow, Mich.; Tester, Mont.; Wyden, Ore.

DEMOCRATS NOT VOTING

Kennedy, Mass.

REPUBLICANS YES

Alexander, Tenn.; Allard, Colo.; Barrasso, Wyo.; Bennett, Utah; Bond, Mo.; Brownback, Kan.; Bunning, Ky.; Burr, N.C.; Chambliss, Ga.; Coburn, Okla.; Cochran, Miss.; Coleman, Minn.; Collins, Maine; Corker, Tenn.; Cornyn, Texas; Craig, Idaho; Crapo, Idaho; DeMint, S.C.; Dole, N.C.; Domenici, N.M.; Ensign, Nev.; Enzi, Wyo.; Graham, S.C.; Grassley, Iowa; Gregg, N.H.; Hagel, Neb.; Hatch, Utah; Hutchison, Texas; Inhofe, Okla.; Isakson, Ga.; Kyl, Ariz.; Lugar, Ind.; Martinez, Fla.; McConnell, Ky.; Murkowski, Alaska; Roberts, Kan.; Shelby, Ala.; Smith, Ore.; Snowe, Maine; Specter, Pa.; Stevens, Alaska; Sununu, N.H.; Thune, S.D.; Vitter, La.; Voinovich, Ohio; Warner, Va.; Wicker, Miss.

REPUBLICANS NO

None.

REPUBLICANS NOT VOTING

McCain, Ariz.; Sessions, Ala.

OTHERS YES

Lieberman, Conn.

OTHERS NO

Sanders, Vt.

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WASHINGTON — A German chancellor once compared making laws to making sausages. The description could have fit the eavesdropping legislation Congress sent to the White House today.

The bill had taken at least eight different forms on the House and Senate floors in a long and messy process since the Bush administration claimed last summer that terrorists' calls and e-mails were going unintercepted because of an outdated eavesdropping law.

In the end, the Senate bowed to President Bush's demands and approved the final version on a relatively one-sided vote, 69-28.

Hawai'i senators Daniel Akaka and Daniel Inouye, both Democrats, differed on the vote. Inouye voted yes, Akaka no.

But the voting came only after a lengthy and bitter debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks.

It ended almost a year of wrangling over surveillance rules and the president's warrantless wiretapping program that was initiated after the Sept. 11, 2001, attacks.

Bush had threatened to veto any version that didn't shield from civil lawsuits the telecommunications companies that wiretapped Americans' phone and computer lines at the White House's request without court permission. Forty-six lawsuits now stand to be dismissed because of the law, according to the American Civil Liberties Union. They are all pending before a single U.S. District Court in California.

"Months ago my administration set out key criteria that this intelligence legislation would have to have before I would sign it into law," Bush said Wednesday. "The bill Congress passed today meets these criteria"

But the fight over the bill has not ended. Civil rights groups are already preparing lawsuits challenging its constitutionality, and four other suits, filed against government officials, will not be dismissed.

Opponents have assailed the eavesdropping program, asserting that it imperiled citizens' rights of privacy from government intrusion. But Bush said the legislation protects those rights as well as Americans' security.

"This bill will help our intelligence professionals learn who the terrorists are talking to, what they're saying and what they're planning," he said in a brief White House appearance after the Senate vote.

The bill is very much a political compromise, brought about by a deadline: Wiretapping orders authorized last year will begin to expire in August. Without a new bill, the government would go back to old FISA rules, requiring multiple new orders and potential delays to continue those intercepts. That is something most of Congress did not want to see happen, particularly in an election year. The threat of a veto gave the White House a strong bargaining position.

Numerous lawmakers had spoken out strongly against the no-warrants eavesdropping on Americans, but the Senate voted its approval after rejecting amendments that would have watered down, delayed or stripped away the immunity provision.

The lawsuits allege the White House and telecommunications companies broke U.S. law by going around the FISA court, which was created 30 years ago to prevent the government from abusing its surveillance powers for political purposes. The court is meant to approve all wiretaps placed inside the U.S. for intelligence-gathering purposes. The law has been interpreted to include international e-mail records stored on servers inside the U.S.

"This president broke the law," declared Sen. Russell Feingold, D-Wis.

The Bush administration brought the wiretapping back under the FISA court's authority only after The New York Times revealed the existence of the secret program. A handful of members of Congress knew about the program from top secret briefings. Most members are still forbidden to know the details of the classified effort, and some objected that they were being asked to grant immunity to the telecoms without first knowing what they did.

Pennsylvania Republican Sen. Arlen Specter compared the Senate vote to buying a "pig in a poke."

But Sen. Christopher Bond, R-Mo., one of the bill's most vocal champions, said, "This is the balance we need to protect our civil liberties without handcuffing our terror-fighters."

Just under a third of the Senate, including Democratic presidential candidate Barack Obama, supported an amendment that would have stripped immunity from the bill. They were defeated on a 66-32 vote. Republican rival John McCain did not attend the vote.

Obama ended up voting for the final bill, as did Specter. Feingold voted no.

Opponents to immunity argue that only in court will the full extent of the program be exposed, and only a judge should decide whether the program broke the law.

The bill tries to address concerns about the legality of warrantless wiretapping by requiring inspectors general inside the government to conduct a yearlong investigation into the program.

Beyond immunity, the new surveillance bill also sets new rules for government eavesdropping. Some of them would tighten the reins on current government surveillance activities, but others would loosen them compared with a law passed 30 years ago.

For example, it would require the government to get FISA court approval before it eavesdrops on an American overseas. Currently, the attorney general approves that electronic surveillance on his own.

The bill also would allow the government to obtain broad, yearlong intercept orders from the FISA court that target foreign groups and people, raising the prospect that communications with innocent Americans would be swept in. The court would approve how the government chooses the targets and how the intercepted American communications would be protected.

The original FISA law required the government to get wiretapping warrants for each individual targeted from inside the United States, on the rationale that most communications inside the U.S. would involve Americans whose civil liberties must be protected. But technology has changed. Purely foreign communications increasingly pass through U.S. wires and sit on American computer servers, and the law has required court orders to be obtained to access those as well.

The bill would give the government a week to conduct a wiretap in an emergency before it must apply for a court order. The original law said three days.

The bill restates that the FISA law is the only means by which wiretapping for intelligence purposes can be conducted inside the United States. This is meant to prevent a repeat of warrantless wiretapping by future administrations.

The ACLU, which is party to some of the lawsuits that will now be dismissed, said the bill was "a blatant assault upon civil liberties and the right to privacy."