Metavid

Video archive of the US Congress

Senate Proceeding on Jun 26th, 2008 :: 1:46:33 to 1:59:59
Total video length: 9 hours 29 minutes Stream Tools: Stream Overview | Edit Time

Note: MetaVid video transcripts may contain inaccuracies, help us build a more perfect archive

Download OptionsEmbed Video

Views:519 Duration: 0:13:26 Discussion

Previous speech: Next speech:

John Rockefeller

1:46:33 to 1:46:41( Edit History Discussion )

John Rockefeller: absence of a quorum. the presiding officer: the clerk will call the roll. quorum call: ~ quorum call: the presiding officer: the senator from west virginia. mr. rockefeller: is there a quorum call

John Rockefeller

1:46:33 to 1:59:59( Edit History Discussion )
Speech By: John Rockefeller

John Rockefeller

1:46:41 to 1:46:50( Edit History Discussion )

John Rockefeller: in effect? the presiding officer: it is. mr. rockefeller: i ask unanimous consent the quorum call be dispensed with. the presiding officer: without objection, so ordered. mr. rockefeller: mr. president?

John Rockefeller

1:46:50 to 1:47:11( Edit History Discussion )

John Rockefeller: the presiding officer: the senator from west virginia. mr. rockefeller: i'm going to talk a little bit about the fisa amendment and the protection of civil liberties of americans. some people who are

John Rockefeller

1:47:11 to 1:47:34( Edit History Discussion )

John Rockefeller: concerned about this bill don't recognize that there have been enormous changes made that specifically speak to civil liberties. i want to talk about that. i want to take the time to explain how the negotiators

John Rockefeller

1:47:34 to 1:47:48( Edit History Discussion )

John Rockefeller: of the fisa bill have taken in fact great care in protecting the constitutional rights andig privacy of american citizens in crafting this agreement which was heavily discussed, worked over. the fisa

John Rockefeller

1:47:48 to 1:48:05( Edit History Discussion )

John Rockefeller: act amendment 2008 still allows the government to collect the foreign intelligence it needs to protect the country, literally. maintaining this balance between civil liberties for americans and protecting

John Rockefeller

1:48:05 to 1:48:23( Edit History Discussion )

John Rockefeller: our nation against foreign attack was obviously my utmost priority, as well as senator bond's, during the lengthy negotiation process which produced i think what is historic legislation modernizing

John Rockefeller

1:48:23 to 1:48:38( Edit History Discussion )

John Rockefeller: fisa for the first time in 30 years. the fisa bill protects americans in a lot of ways. by ensuring that fisa court involvement in any aspect of the new procedure for targeting foreigners outside the

John Rockefeller

1:48:38 to 1:48:57( Edit History Discussion )

John Rockefeller: united states that could involve u.s. persons, it does so in four significant ways: first, the bill requires the fisa court to approve procedures used to determine whether the foreign target of the surveillance

John Rockefeller

1:48:57 to 1:49:13( Edit History Discussion )

John Rockefeller: is outside of the united states. the court's assessment of the adequacy of these procedures will ensure that the new authorities cannot be used for domestic surveillance. second, the bill requires the

John Rockefeller

1:49:13 to 1:49:29( Edit History Discussion )

John Rockefeller: court to approve the procedures used to address any incidental acquisition or retention or dissemination of u.s. person information. these procedures protect the privacy of any americans who might be in

John Rockefeller

1:49:29 to 1:49:51( Edit History Discussion )

John Rockefeller: contact with a foreign target. third, by explicitly asking the court to assess whether the procedures comply with the fourth amendment, the bill requires the court to determine whether the privacy interests

John Rockefeller

1:49:51 to 1:50:11( Edit History Discussion )

John Rockefeller: of u.s. persons are in fact adequately protected. finally, the bill requires the court to approve targeting at minimization before collection begins in most instances. the court would be required to review

John Rockefeller

1:50:11 to 1:50:26( Edit History Discussion )

John Rockefeller: and approve the procedures at least annually. this is called prior approval, and it was something that was not welcomed by some, but through the negotiation process, the prior approval process was

John Rockefeller

1:50:26 to 1:50:45( Edit History Discussion )

John Rockefeller: incorporated in the bill, and it means that the court has to approve targeting and minimization before collection. the director of national intelligence and attorney general would only be able to proceed

John Rockefeller

1:50:45 to 1:51:03( Edit History Discussion )

John Rockefeller: prior to a court order if emergency circumstances exist. but for a period of time no greater than seven days before being required to seek the approval of the court, and no more than 30 days while

John Rockefeller

1:51:03 to 1:51:18( Edit History Discussion )

John Rockefeller: the court is considering the request. sometimes, but very, very, very rarely emergencies do take place. the fisa bill also provides unprecedented new privacy protections for americans abroad, and

John Rockefeller

1:51:18 to 1:51:33( Edit History Discussion )

John Rockefeller: this may be the most important part. for the first time americans traveling or working abroad are entitled to the same protection from sufrpls and search that -- from surveillance and search that

John Rockefeller

1:51:33 to 1:51:49( Edit History Discussion )

John Rockefeller: they would have if they were in the united states. there are 4 million americans at any given moment who are outside of the united states. that was equal to the total population of our nation when it was

John Rockefeller

1:51:49 to 1:52:06( Edit History Discussion )

John Rockefeller: founded. the requirement that the government obtain a court order prior to targeting them for any foreign intelligence collection. so, they get the same type of protection as does anybody in the

John Rockefeller

1:52:06 to 1:52:18( Edit History Discussion )

John Rockefeller: united states. that's a first. before the attorney general could pretty much just say we want to target these people overseas and there was no court involved, there was no approval process involved

John Rockefeller

1:52:18 to 1:52:34( Edit History Discussion )

John Rockefeller: legally, and now that cannot happen. so they are protected, and indeed are as the same as anybody in the united states. the bill requires the court to make an individual determination of probable

John Rockefeller

1:52:34 to 1:52:52( Edit History Discussion )

John Rockefeller: cause before a u.s. person overseas may be targeted for any electronic surveillance or other foreign intelligence collection. each court order is valid for no longer than 90 days. this is important as

John Rockefeller

1:52:52 to 1:53:09( Edit History Discussion )

John Rockefeller: a new protection that has never before been in place. apart from the court review i've detailed, the fisa bill also protects the privacy interests of americans through other provisions. the bill

John Rockefeller

1:53:09 to 1:53:28( Edit History Discussion )

John Rockefeller: prohibits the new procedure for targeting foreigners outside the united states from being used to target anyone inside the united states or for being used to acquire entirely domestic communication.

John Rockefeller

1:53:28 to 1:53:52( Edit History Discussion )

John Rockefeller: the what i it commune the way it is now, it's -- the way it is now, it's called first targeting. and within the united states, take out of the air some commune indication of somebody overseas, and

John Rockefeller

1:53:52 to 1:54:04( Edit History Discussion )

John Rockefeller: they may be contacting somebody in the united states, and that potentially puts the united states person at risk. but, that's reverse targeting. so, there's a prohibition now, mr. president, which explicitly includes

John Rockefeller

1:54:04 to 1:54:19( Edit History Discussion )

John Rockefeller: reverse targeting where the purpose of targeting somebody outside the united states is to target somebody in the united states. i know it's complicated, but it's important. because of the importance

John Rockefeller

1:54:19 to 1:54:35( Edit History Discussion )

John Rockefeller: of the prohibitions in the bill, the bill requires the attorney general to adopt guidelines that ensure that the government obtains individual court orders when required and does not engage in any

John Rockefeller

1:54:35 to 1:54:51( Edit History Discussion )

John Rockefeller: prohibited conduct, such as reverse targeting, which in effect disappears from the lexicon of telecommunications collection. the bill also requires the attorney general and the director of national intelligence

John Rockefeller

1:54:51 to 1:55:07( Edit History Discussion )

John Rockefeller: to certify to the fisa court under oath that the acquisition complies with the prohibitions in the bill and that the procedures and guidelines are consistent with the requirements of the fourth amendment. to

John Rockefeller

1:55:07 to 1:55:26( Edit History Discussion )

John Rockefeller: ensure that there are no unintended consequences related to when a warrant must be obtained under fisa or how information obtained using foreign -- fisa can be used, the bill does not change the

John Rockefeller

1:55:26 to 1:55:41( Edit History Discussion )

John Rockefeller: definition of electronic surveillance in fisa. it's left exactly as it is, and people would say, well, why is that? everything is changed. well, there can be legislative authorizations to make changes,

John Rockefeller

1:55:41 to 1:55:54( Edit History Discussion )

John Rockefeller: but only if those legislative authorizations are made can there be changes in electronic surveillance. so the definition remains the same. a good, solid base. the bill requires extensive reporting

John Rockefeller

1:55:54 to 1:56:10( Edit History Discussion )

John Rockefeller: to congress about the implementation of the new provisions, compliance with the prohibitions in the bill -- that's important. we have not had that. and the impact of the new provisions on u.s. persons.

John Rockefeller

1:56:10 to 1:56:28( Edit History Discussion )

John Rockefeller: the bill sunsets on december 31, 2012, a date which ensures that the reauthorization to the fa bill would be addressed in fact by the next administration s. in addition to protecting the civil liberties

John Rockefeller

1:56:28 to 1:56:41( Edit History Discussion )

John Rockefeller: of americans in the new procedures, the bill seeks to prevent any future circumventions of fisa and ensure that congress has a complete set of facts about the president's surveillance program. well, one

John Rockefeller

1:56:41 to 1:56:54( Edit History Discussion )

John Rockefeller: would question how does that happen. in title 3 of the fisa bill that is before us, we direct the inspectors general of relevant agencies -- and that's a whole bunch of intelligence agencies --

John Rockefeller

1:56:54 to 1:57:10( Edit History Discussion )

John Rockefeller: to cplete a comprehensive review of the president's warrantless surveillance program, and then within a year the inspector general -- inspectors general must submit an unclassified report to congress

John Rockefeller

1:57:10 to 1:57:25( Edit History Discussion )

John Rockefeller: with a classified annex if necessary. this i.g. review provides an important vehicle for ensuring that a comprehensive set of facts about the president's program is available to congress and to the

John Rockefeller

1:57:25 to 1:57:44( Edit History Discussion )

John Rockefeller: extent that classification permits, to the american public itself. a comprehensive review of the president's program is particularly important, given the possibility that the courts will dismiss ongoing

John Rockefeller

1:57:44 to 1:57:58( Edit History Discussion )

John Rockefeller: legislation due to title 2. it also ensures that accountability for the program will be directed at the government, where it belongs. to ensure that the government never again relies on an inapplicable

John Rockefeller

1:57:58 to 1:58:13( Edit History Discussion )

John Rockefeller: statute to argue that warrantless wiretapping is per missing, the bill strengthens -- is permissible, the bill strengthens the requirements that fisa and title 18 are the exclusive means by which electronic

John Rockefeller

1:58:13 to 1:58:29( Edit History Discussion )

John Rockefeller: surveillance and criminal law interceptions may be conducted. the act provides that in addition to the specifically limited listed statutes, only an expressed statutory authorization for electronic

John Rockefeller

1:58:29 to 1:58:43( Edit History Discussion )

John Rockefeller: surveillance -- only an expressed statutory authorization passed by the congress for surveillance or interception -- may constitute an additional exclusive means for that surveillance or for that

John Rockefeller

1:58:43 to 1:59:01( Edit History Discussion )

John Rockefeller: interception. it's a very, very strong protection against abuse. finally, the bill clarifies that the criminal and civil penalties can be imposed for any electronic surveillance that is not conducted

John Rockefeller

1:59:01 to 1:59:16( Edit History Discussion )

John Rockefeller: in accordance with fisa or the specifically enlisted criminal intercept laws. so, in summary, mr. president, the fisa bill has a multitude of statutory provisions that provide the judicial and congressional

John Rockefeller

1:59:16 to 1:59:41( Edit History Discussion )

John Rockefeller: oversight that is essential to protecting the civil liberties of all americans both here and abroad. they we not protected abroad. they are now. the house did not pass this bill because they felt

John Rockefeller

1:59:41 to 1:59:59( Edit History Discussion )

John Rockefeller: there was an insufficiency of civil liberty protections, and they may have been right. so, we hammered these out in long, long meetings in which the white house, all the intelligence agencies, the leadership,

1:59:59 to 2:00:16( Edit History Discussion )

republican, democrat, of the house and the senate was there, and it's just a much stronger bill. people argue that, you know, that people like me talk about a balance between being able to collect,

Personal tools

MetaVid is a non-profit project of UC Santa Cruz and the Sunlight Foundation. Learn more About MetaVid

The C-SPAN logo and other servicemarks that may be found in video content are the property of their respective trademark holders. None of these trademark holders are affiliated with Metavid