No time to go wobbly

OPINION:

It’s been six years since the odious attacks of September 11 and even though there is an understandable amount of complacency settling in, as Margaret Thatcher warned the first President Bush, it’s “no time to go wobbly.” It is essential that our policy-makers at home drown out the scare tactics of leftist groups like the American Civil Liberties Union (ACLU). We absolutely must do so in order to make sure that we stay ever vigilant and protect our citizens domestically.

A key tool under attack by the ACLU is renewal of the Protect America Act. This bipartisan bill passed Congress last August and gives the U.S. government needed tools to track and monitor terrorists who seek to harm our county. The law made several needed changes to the Foreign Intelligence Surveillance Act (FISA)of 1978.

Originally passed in 1978 during the Carter administration, the law was intended to regulate the government’s ability to monitor persons in the United States. However, there have been revolutionary changes in technology that have made FISA more of an obstacle than an aid in carrying out the war on terror. Instead of needing to have surveillance agents reside in the foreign targets country, today satellites and related technology enable surveillance of potential terrorist targets from the safety and security of the United States in many instances.

Unfortunately, the FISA law had been construed to mean that foreigners surveilled electronically from American soil required court orders before proceeding. Such a requirement not only prevented the capturing of timely and actionable intelligence, but the unwieldy involvement of the courts required an unusually extensive use of intelligence gathering staff and resources. This turned almost every intelligence officer into a constitutional lawyer in training. While replacing intelligence agents with lawyers might seem to be a laudable goal for the ACLU, in the real world it is nothing short of suicidal.

Fortuitously this view didn’t prevail and prevent the adoption of the Protect America Act. The Protect America Act moved FISA into the digital era, making it far more workable — especially in light of the fact that our nation is on a war footing.

First, it makes it easier for our country’s intelligence professionals to monitor targets in foreign countries without being hamstrung by U.S. courts. It does so by explicitly providing that intelligence gathering of persons reasonably believed to be outside the United States will no longer be covered by the electronic surveillance provisions of the FISA act and mandating a court oversight for surveillance of any person operating within the United States.

Secondly, instead of eliminating any role for the courts in foreign surveillance, the law maintains a role for the courts. It does so by providing that the Justice Department submit draft foreign surveillance procedures to the Foreign Intelligence Surveillance Court for review.

Thirdly, eliminating a key failing of the original law, the new reform clarifies that the director of national intelligence and the attorney general can enlist communication service providers such as AT&T and AOL to provide “information, facilities, and assistance necessary to conduct authorized foreign intelligence activities.” And as a check, the act specifically provides that any of these firms may challenge such a directive in the Foreign Intelligence Surveillance Court.

And finally, the bill immunizes from lawsuits those patriotic firms that agreed shortly after September 11 to turn over resources and provide assistance in tracking suspect foreign terrorists. Prior to this change, companies that agreed to help the federal government to prevent another September 11 risked being the subject of a torrent of expensive lawsuit, filed by groups like the ACLU and the American Arab Anti-Discrimination Committee.

Unfortunately, due to political disagreements the Protect America Act was given a lifespan of only 180 days. Early next month the act will expire and this essential tool will no longer be available to the people entrusted to prevent another attack. While the ACLU and its left-wing sympathizers rejoice over this prospect, this isn’t good news for mainstream America.

If groups like the ACLU had their way, captured terrorist masterminds would be treated as common felons and would be allowed to force the government to reveal intelligence sources and techniques; interrogation and surveillance of terrorists would be sharply curtailed and people who happen to have names like Osama and Hussein could show up at the last minute at airports and board with impunity. I wish I were exaggerating.

Leaving America vulnerable and unarmed in this digital arena isn’t just foolhardy, it is truly dangerous. Rather than protect innocent individuals, this so-called ACLU Blame America First national-security posture makes armed conflict far more likely.

Consider that if another devastating attack occurs: America is far more likely to strike back militarily, notwithstanding the potential collateral damage that may occur to citizens in the offending country. If the ACLU and associated groups like the American Arab Anti-Discrimination Committee were truly concerned about protecting innocents, they should work to prevent another attack, rather than attempt to stymie those efforts.

Regardless of the efforts of the ACLU, Congress and the White House must make a priority of renewing this act. Our enemies haven’t quit trying to harm America, and now isn’t the time to go wobbly in trying to stop them.

Horace Cooper is a senior fellow with the American Civil Rights Union.