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I received the following response from Peter Defazio after I wrote one of probably hundreds of emails protesting warrantless wiretapping:

Thanks for your message expressing alarm about the Bush administration's warrantless wiretapping program. I share your concerns.

Let me say at the outset that I fully support spying on terrorists. But, there is no reason that such spying cannot be done in a way that complies with the Constitution and protects the freedoms and liberties of American citizens.

The House of Representatives considered legislation, H.R. 5825, on the President's warrantless wiretapping program on September 28, 2006. I voted against the bill because it fully endorsed the President's secret program and would actually vastly expand his powers to engage in warrantless spying against not just terrorists, but against American citizens as well.

The bill grants the administration the unilateral authority to conduct any and all forms of non-wiretap surveillance (such as analyzing call records or reviewing stored communications previously collected by intelligence agencies) on U.S. citizens so long as one of the targets is "reasonably believed to be outside the United States."

The bill would also allow the government to permanently keep and exploit data obtained from warrantless surveillance without restriction, even data inadvertently obtained on Americans from such surveillance. Under current law, unintentionally acquired information must be destroyed.

Under the bill, the President could conduct unlimited warrantless surveillance in the event of an "armed attack," a "terrorist attack," or "imminent threat of attack." None of these are defined in the bill. Since the Bush administration says we're constantly under the threat of attack, it would appear that warrantless surveillance will become the norm under the "imminent threat" provision in the bill.

Finally, the bill would provide no real congressional oversight, since knowledge about warrantless spying operations would be limited to a handful of members of congress, and even they would be sworn to secrecy. Nor would the bill allow any oversight by the courts since it strips courts from having any jurisdiction to rule on the legality of electronic surveillance programs. It would throw out the existing lawsuits and prevent any future lawsuits.

I have long fought against the erosion of our constitutional freedoms that has been taking place under the Bush administration. I was one of only a handful of Members of Congress to vote against the so-called USA PATRIOT Act when it was first rammed through Congress in September 2001. And, I voted against reauthorizing the PATRIOT Act when it was considered by the House in 2005. In the interim, I also supported a variety of bills and amendments to restore many of our freedoms that were undermined by the PATRIOT Act. H.R. 5825 adds to the erosion of civil liberties since 2001.

The bottom line is that it is possible to fully and quickly spy on terrorists while still protecting the privacy and freedom of American citizens, complying with the Constitution, and preserving adequate congressional and judicial oversight. H.R. 5825 fails to do so.

Thanks again for contacting me. Please keep in touch.

Rep.Peter DeFazio
Fourth District, OREGON
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