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Senate Proceeding on Feb 4th, 2008 :: 3:04:56 to 3:13:43
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Christopher S. Bond

2:59:32 to 3:04:56( Edit History Discussion )
Speech By: Christopher S. Bond

Christopher S. Bond

3:04:41 to 3:04:56( Edit History Discussion )

Christopher S. Bond: to cease collection. the court then has the interpbt authority to -- inherent authority to fashion an appropriate remedy to address the collection and the contents that have been collected in a manner

John Rockefeller

3:04:56 to 3:05:15( Edit History Discussion )

John Rockefeller: inconsistent with the law and the authorities of the collecting agency. the amendment does not fix a problem with the statute. instead, it potentially creates a problem that could have unintended operational

John Rockefeller

3:04:56 to 3:13:43( Edit History Discussion )
Speech By: John Rockefeller

John Rockefeller

3:05:15 to 3:05:27( Edit History Discussion )

John Rockefeller: consequences for our intelligence community. they don't need any more burdens, madam president. they have all the challenges they need trying to intercept, translate, incorporate and divide the

John Rockefeller

3:05:27 to 3:05:42( Edit History Discussion )

John Rockefeller: intents of terrorists. there's more than enough work to do for our intelligence analysts just to stay within the existing boundaries that we have applied and the protection for american citizens without

John Rockefeller

3:05:42 to 3:05:58( Edit History Discussion )

John Rockefeller: them having to fear that we will lose vital foreign intelligence collection information because there was some minor deficiency which may later be identified by the court. that would make our country

John Rockefeller

3:05:58 to 3:06:06( Edit History Discussion )

John Rockefeller: less safe and it is not warranted. therefore, i encourage my colleagues to join me in voting against this amendment, and i'm pleased to yield the floor with my colleague, the chairman of the committee.

John Rockefeller

3:06:06 to 3:06:20( Edit History Discussion )

John Rockefeller: mr. rockefeller: madam president? the presiding officer: the distinguished senator from west virginia. mr. rockefeller: madam president, senator feingold's amendment concerns the effects of a court determination

John Rockefeller

3:06:20 to 3:06:35( Edit History Discussion )

John Rockefeller: that there are deficiencies in the government's procedures under the new authority. this is a complicated issue, and i think it's important to explain why i cannot support this amendment. i want

John Rockefeller

3:06:35 to 3:06:50( Edit History Discussion )

John Rockefeller: todd that what the vice chairman and i are doing in that we both believe that all of this is going to be litigated in the courts for decades to come, that all that is said here by us and by everybody

John Rockefeller

3:06:50 to 3:07:03( Edit History Discussion )

John Rockefeller: else becomes an important part of what that record will be, will become a part of. under the intelligence committee bill, the fisa court is required to review the government certification targeting

John Rockefeller

3:07:03 to 3:07:20( Edit History Discussion )

John Rockefeller: and minimization procedures to ensure their adequacy. if the court finds a deficiency in either the minimization or targeting procedures, the intelligence committee bill requires the government correct

John Rockefeller

3:07:20 to 3:07:37( Edit History Discussion )

John Rockefeller: the deficiency or cease the acquisition. the feingold amendment goes beyond requiring that collection be terminated or deficiencies be corrected. it restricts the use or disclosure of any information

John Rockefeller

3:07:37 to 3:07:51( Edit History Discussion )

John Rockefeller: collected that concerns u.s. persons with anybody, unless the attorney general determines that the information indicates a threat of death or serious bodily harm or the person consents. the amendment would

John Rockefeller

3:07:51 to 3:08:05( Edit History Discussion )

John Rockefeller: prevent the government from sharing or disseminating with anyone in the federal government, any other agency, any information already acquired under the new procedure that concerns u.s. persons. i can

John Rockefeller

3:08:05 to 3:08:19( Edit History Discussion )

John Rockefeller: understand that there may be at first glance some appeal to the idea. senator feingold, for example, has said that it's important to ensure that there are consequences when the government has not

John Rockefeller

3:08:19 to 3:08:35( Edit History Discussion )

John Rockefeller: adequately developed its procedures. hard to argue. but looking at the consequences of this amendment in more detail makes it clear that the provision is impractical. anybody can say it's impractical

John Rockefeller

3:08:35 to 3:08:49( Edit History Discussion )

John Rockefeller: and anybody can say, well, that can be overcome. not always. not always. and it creates serious risk that we will lose valuable intelligence. the language of the senator's amendment is taken from the emergency

John Rockefeller

3:08:49 to 3:09:07( Edit History Discussion )

John Rockefeller: provisions currently in fisa. under those provisions, the attorney general can authorize electronic surveillance without a court order in an emergency as long as an application for an order is submitted

John Rockefeller

3:09:07 to 3:09:21( Edit History Discussion )

John Rockefeller: to the court within 72 hours. if a court does not approve the fisa collection on an individual target after this emergency intelligence collection has begun, fisa prevents the intelligence collected from

John Rockefeller

3:09:21 to 3:09:38( Edit History Discussion )

John Rockefeller: being -- quote -- "used or disclosed in any manner by federal officers or employees without the consent of such persons." unless the attorney general determines that the information indicates a threat of death

John Rockefeller

3:09:38 to 3:09:53( Edit History Discussion )

John Rockefeller: or serious bodily harm. the impact of this existing emergency provision in fisa, however, is far different than the impact of senator feingold's amendment. in contrast, limiting the use of the small amount of

John Rockefeller

3:09:53 to 3:10:10( Edit History Discussion )

John Rockefeller: information collected on one target during 72 hours of emergency procedures, senator feingold's amendment potentially limits use of all information gathered through a new system of intelligence

John Rockefeller

3:10:10 to 3:10:24( Edit History Discussion )

John Rockefeller: collection. to understand why these are different situations, it's useful to consider the difference between traditional fisa applications and orders -- between fisa applications and orders and the new title

John Rockefeller

3:10:24 to 3:10:43( Edit History Discussion )

John Rockefeller: 7 provisions in which we have wrapped a number of parts. unlike traditional fisa applications and orders which involve collection on one individual target, the new fisa provision creates a system

John Rockefeller

3:10:43 to 3:11:00( Edit History Discussion )

John Rockefeller: of collection. the court's role in the system of collection is not to consider probable cause on individual targets but to ensure that the procedures used to colle intelligence are adequate. the court's

John Rockefeller

3:11:00 to 3:11:15( Edit History Discussion )

John Rockefeller: determination of the adequacy of procedures, therefore, impacts all electronic communications gathered under the new mechanisms even if it involves thousands of targets. i'll repeat that. the

John Rockefeller

3:11:15 to 3:11:29( Edit History Discussion )

John Rockefeller: court's determination on the adequacy of procedures, therefore, impacts all electronic communications gathered under the new mechanism, even if it involves thousands of targets. senator feingold's amendment

John Rockefeller

3:11:29 to 3:11:44( Edit History Discussion )

John Rockefeller: applies to all of this intelligence collection. if the court finds a deficiency that the government does not correct within 30 days, the federal government could not disclose any information on u.s.

John Rockefeller

3:11:44 to 3:11:58( Edit History Discussion )

John Rockefeller: persons that was gathered as part of the new intelligence collection system without the consent of the person. thus, unlike existing emergency procedures which use the -- limit the use of a small amount

John Rockefeller

3:11:58 to 3:12:10( Edit History Discussion )

John Rockefeller: of intelligence gathered over a 72-hour period on one target, senator feingold's amendment will potentially restrict the use of large amounts of intelligence without regard to the importance of the

John Rockefeller

3:12:10 to 3:12:25( Edit History Discussion )

John Rockefeller: intelligence. in addition, under senator feingold's amendment, intelligence analysts would have to determine whether the collected intelligence contained information concerning u.s. persons. the feingold amendment

John Rockefeller

3:12:25 to 3:12:39( Edit History Discussion )

John Rockefeller: would require the intelligence analysts to sift through all of the intelligence that has been collected under the new process in order to identify information potentially subject to restriction. as part

John Rockefeller

3:12:39 to 3:12:58( Edit History Discussion )

John Rockefeller: of that process, analysts might be required to look at information that had not previously been analyzed in detail because it did not appear to contain significant foreign intelligence information in

John Rockefeller

3:12:58 to 3:13:13( Edit History Discussion )

John Rockefeller: order to determine whether the information concerned u.s. persons. senator feingold's amendment, therefore, has the potential to be more intrusive of u.s. privacy interests than the original collection.

John Rockefeller

3:13:13 to 3:13:28( Edit History Discussion )

John Rockefeller: -- initial collection. finally, this limitation on use applies regardless of what deficiency is found by the court as long as the deficiency is not corrected within 30 days, even if the court finds minor deficiencies

John Rockefeller

3:13:28 to 3:13:43( Edit History Discussion )

John Rockefeller: in the procedures and the government is acting in good faith to correct it, this provision would require the intelligence community to prevent any disclosure of the information. please consider that,

Russell Feingold

3:13:43 to 3:13:57( Edit History Discussion )

Russell Feingold: madam president, to share with nobody in the government. in sum, this provision could restrict the use of significant amounts of intelligence based solely on minor deficiencies in procedure. it

Russell Feingold

3:13:43 to 3:15:46( Edit History Discussion )
Speech By: Russell Feingold

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