Warrantless Searches. S. 2248, the FISA Amendments Act of 2008, passed 68-29 on February 12, 2008 (Roll Call 20). The bill would amend the 1978 Foreign Intelligence Surveillance Act to effectively give the executive branch of the federal government a blank check to eavesdrop on telephone calls and e-mail messages between people in foreign countries and those in the United States. The bill includes retroactive immunity for telecommunications companies that have collaborated with federal agencies in the warrantless surveillance of American citizens.
We have assigned pluses to the nays because warrantless wiretaps 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.
