24 May 2006

Letters

in tomorrow's Washington Post...

David Ignatius was wrong when he said that legislation introduced by Rep. John Conyers Jr. (D-Mich.) and myself -- mandating that the full National Security Agency program on calling records comply with the Foreign Intelligence Surveillance Act -- would "duck the basic issue."

Our legislation would address the basic issue: how to end the unlawful practice of warrantless electronic surveillance of Americans. FISA gives the government authority to use a pen-register/trap-and-trace device to collect information about a telephone call other than the content of the conversation -- i.e., the time the call was placed, its duration and the number called. It's akin to collecting information contained in your monthly phone bill.

The "pen-trap" authority of FISA, modernized after Sept. 11, 2001, provides a legal basis to get a warrant that meets the standards of the law and the Constitution. These warrants must be renewed regularly in accordance with the law.

Mr. Ignatius wants scrutiny. FISA mandates court scrutiny and was premised on vigorous congressional oversight. I am baffled why Mr. Ignatius thinks FISA is insufficient to cover the entire domestic surveillance program.

JANE HARMAN

U.S. Representative (D-Calif.)

Washington

The writer is the ranking Democrat on the House Permanent Select Committee on Intelligence.

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