Civil Rights Commission to Examine Covert Wiretapping in the War on Terror

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The U.S. Commission on Civil Rights (Commission) has assembled a panel of experts to discuss the authorized use of covert wiretapping in the war on terror. In 2005, it was reported that the President had authorized the National Security Agency to conduct electronic surveillance of international communications into and out of the United States of persons reasonably believed to be in communication with a member or agent of al Qaeda, or an affiliated terrorist organization.

On January 17, 2007, the Attorney General announced that, as the result of a recent Foreign Intelligence Surveillance Court (FISC) order, any electronic surveillance that was occurring as part of the terrorist surveillance program will now be conducted subject to the approval of the FISC. Although this change indicates that warrants will be obtained for future surveillance, significant questions regarding the implications of the program remain.

The Commission will examine the constitutional and statutory authority to conduct electronic surveillance; the constitutional limits and due process implications of warrantless phone-taps; and the standards for federal enforcement and resolution of disputed cases. Supporters of this program state that the President has the constitutional and statutory authority to conduct these phone-taps and that they are necessary to ensure homeland security. Critics counter that this program undermines civil liberties and violates the Foreign Intelligence Surveillance Act.

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When: Friday, March 9, 2007, 1:00 p.m.

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