Director of National Intelligence Mike McConnell was interviewed on Morning Edition today and gave us a half-truth about FISA. There is no reason to believe that the telcoms would disobey a LAWFUL warrant despite McConnell's assertion.
MONTAGNE: Fine. Thank you. The Bush administration says that if the Protect America Act - that's the surveillance act that temporary at the moment - if it isn't made permanent it will tie your hands - intelligence hands - especially when it comes to new threats. But isn't it true that any surveillance underway - that does not expire even if this law isn't renewed by tomorrow?
Mr. MCCONNELL: Well, Renee, it's a very complex issue. It's true that some of the authorities would carry over to the period they were established for one year. That would put us in the August/September timeframe. However, that's not the real issue.
The issue is liability protection for the private sector. We can't do this mission without their help. Currently there is no retroactive liability protection for them. They're being sued for billions of dollars.
So the board fiduciary responsibilities cause them to be less cooperative. So in the current bill - in the current law which is on the books today - there is no protection for them. If it expired, of course, there's no protection. And even if you extended the current bill, there's no protection in a retroactive sense.
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