Dear Mr. Palmer:

Thank you for expressing your views on legislation that would provide retroactive immunity to telecommunications companies that participated in the National Security Agency’s (NSA) warrantless surveillance program.

In December of 2005 it was first reported that President Bush had authorized the NSA to monitor communication between U.S. citizens and terrorist suspects outside the United States without first obtaining a warrant. Some telecommunications companies participated in this program and provided the government with access to phone records.  Serious questions arose about the legality of this program and its compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA). 

In August 2007, Congress passed revisions to FISA, which I opposed, expanding the authority of the Attorney General and the Director of National Intelligence to conduct surveillance of foreign targets.  Under this legislation telecommunications companies that assist the government in the future implementation of this program were granted immunity from criminal and civil action.

This legislation expires in early February, and Congress is currently considering further revisions to FISA.  President Bush has requested that any further modifications to FISA contain retroactive immunity for any telecommunications company that participated in the program since its inception.  While developments in technology may require modest modifications to our intelligence laws, I will oppose efforts to provide retroactive immunity for illegal wiretapping as it is inconsistent with our democratic principles.  All citizens must have legal recourse when their rights are infringed upon, and companies must bear the responsibility for breaking the law. 

Thank you again for contacting me.


Sincerely,
Sherrod Brown