Warrantless Searches. H.R. 6304, the bill to revamp the Foreign Intelligence Surveillance Act (FISA), would allow warrantless electronic surveillance, including monitoring telephone conversations and e-mails, of foreign targets, including those communicating with American citizens in the United States. The final version of the bill would not explicitly grant immunity to telecommunications companies that have assisted President Bush’s warrantless surveillance program. But it would require courts to dismiss lawsuits against such companies if there is “substantial evidence” they were insured in writing the program was legal and authorized by the president. The provision would almost certainly result in the dismissal of the lawsuits.
The House passed H.R. 6304 on June 20, 2008 by a vote of 293-129 (Roll Call 437). We have assigned pluses to the nays because warrantless searches are a violation of the Fourth Amendment, which protects Americans against unreasonable searches and seizures, and requires that any searches be conducted only upon issuance of a warrant under conditions of probable cause. Moreover, Article I, Section 9 of the Constitution forbids “ex post facto laws” — laws having a retroactive effect.
