A bill to extend the
Protect America Act of 2007
for 30 Days
30 January 2008
Rep. Ron Paul, M.D.
2008 Ron Paul 3:1
Madame Speaker,
I rise in opposition to the extension of the Protect America Act of 2007
because the underlying legislation violates the US Constitution.
2008 Ron Paul 3:2
The mis-named Protect America Act allows the US government to monitor telephone calls and other electronic communications of American citizens without a warrant. This clearly violates the Fourth
Amendment, which states:
2008 Ron Paul 3:3
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the persons
or things to be seized.”
2008 Ron Paul 3:4
The Protect America Act sidelines the FISA Court system and places authority over foreign surveillance in the director of national intelligence and the attorney general with little if any
oversight. While proponents of this legislation have argued that the monitoring of
American citizens would still require a court-issued warrant, the bill only
requires that subjects be reasonably believed to be outside the
United States. Further, it does not provide for the Fourth Amendment
protection of American citizens if they happen to be on the other end of the
electronic communication where the subject of surveillance is a non-citizen
overseas.
2008 Ron Paul 3:5
We must remember that the original Foreign Intelligence Surveillance Act was passed in 1978 as a result of the U.S. Senate investigations into the federal
government’s illegal spying on American citizens. Its purpose was to
prevent the abuse of power from occurring in the future by establishing
guidelines and prescribing oversight to the process. It was designed to protect
citizens
, not the government. The effect seems to have been opposite of what was
intended. These recent attempts to “upgrade” FISA do not appear to be designed to
enhance protection of our civil liberties, but to make it easier for the government to spy on us!
2008 Ron Paul 3:6
The only legitimate “upgrade” to the original FISA legislation would be to allow surveillance of conversations that begin and end outside the United States between non-US citizens where the
telephone call is routed through the United States. Technology and the global communications market have led
to more foreign to foreign calls being routed through the United States. This
adjustment would solve the problems outlined by the administration
without violating the rights of US citizens.
2008 Ron Paul 3:7
While I would not oppose technical changes in FISA that the intelligence
community has indicated are necessary, Congress should not use this opportunity to
chip away at even more of our constitutional protections and civil liberties. I
urge my colleagues to oppose this and any legislation that violates the Fourth
Amendment of the Constitution.