Protect America Act Sunset is Not a Sunset

Holy crow.

I’ve been reading through the Protect America Act a few times over in the last day or so, and I can’t believe I missed it until now. Can you see what I missed?

(c) Sunset- Except as provided in subsection (d), sections 2, 3, 4, and 5 of this Act, and the amendments made by this Act, shall cease to have effect 180 days after the date of the enactment of this Act.

(d) Authorizations in Effect- Authorizations for the acquisition of foreign intelligence information pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain in effect until their expiration. Such acquisitions shall be governed by the applicable provisions of such amendments and shall not be deemed to constitute electronic surveillance as that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)).

It’s that “except as provided in subsection (d)” part that’s the real kicker. The way I read it, it seems to say that any surveillance programs begun during the next 180 days can keep right on tooting, working under the provisions of the Protect America Act, even after the Protect America Act is gone.

Unless I’m way off (and correct me if I am, someone) the Bush administration can just institute whatever surveillance programs without a warrant that it wants within the next 180 days. It’s not like these programs will be limited to particular people — the Protect America Act specifically says that the programs are not required to be limited to “specific facilities, places, premises, or property.” If the Bush administration writes its surveillance programs so that they have an expiration date of a year (the longest permissible under section 105(b)), they will have a license to watch people without a warrant for a whole extra year.

Sunset, my ass!

(Update: I see others have found this, too)

Spread the Word:

August 7th, 2007 at 7:02 pm · Reply

Look, read the rest of the law and learn. Acquisition of foreign intelligence is only mandated for up to one year at a time. Read:

“SEC. 105B. (a) Notwithstanding any other law, the
Director of National Intelligence and the Attorney Gen-
eral, may for periods of up to one year authorize the acqui-
sition of foreign intelligence information concerning per-
sons reasonably believed to be outside the United States…”

In other words, any directives made to conduct surveillance can only be in effect for one year, thus the magic sunset you are looking for is about half a year after the Act has expired.

Fruktata

August 7th, 2007 at 7:32 pm · Reply

After which George W. Bush is NOT EVEN PRESIDENT! G, what kind of dopes do you think we are?

That, and Bush is already asking Congress for yet more spy authority. This is damned dangerous!

Iroquois

August 7th, 2007 at 7:45 pm · Reply

The Center for National Security Studies is saying the same thing–that is, Gonzales could issue a one-year directive the week before the act is due to expire and it would stay in effect until after Bush is out of office.

This legislation will sunset or expire in six months. However, the sunset has an exception that would allow any directives by Attorney General Gonzales and Director of National Intelligence McConnell that commandeer access to US telephone and internet companies to remain in effect until their expiration (which is likely to be until the end of the administration since the directives can be issued for up to one year, and so could be reissued on the eve of the sunset, in January 2008, to remain in effect until this administration is finally over in January 2009).

http://www.cnss.org/
The following DailyKos comment is similar, but the link eventually leads back to the Balkinization blog you already posted a link to.
http://www.dailykos.com/comments/2007/8/7/13477/18990/43#c43

August 7th, 2007 at 7:48 pm · Reply

G, I’d noted that already. Fruktata and Iroquois are right. Read the rest of the post and learn.