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Surveillance Legislation Approved by House Panels

House panels Wednesday approved the RESTORE Act of 2007, the legislation which was introduced Tuesday to replace the Protect America Act in providing more court oversight over surveillance procedures. The House Judiciary and Intelligence Committees did not include in the approved Act provisions applying retroactive immunity to telecommunications companies that participated in the National Security Agency’s warrantless domestic surveillance. The legislation also is not permanent, but expires in two years.

The new act permits surveillance of foreigners outside the U.S., but requires officials to apply to the Foreign Intelligence Surveillance Court (FISC) for an ‘umbrella’ order to conduct surveillance for up to one year on communications between foreigners outside the U.S. and Americans. In emergency situations, the legislation allows immediate surveillance, but requires the government to apply for a FISC order within seven days and obtain court approval within 45 days. The approved act also includes amendments that increase the standard for measuring whether a warrant under the Foreign Intelligence Surveillance Act is required and that mandate the FISC to review compliance with its orders.

Source: http://jurist.law.pitt.edu/paperchase/2007/10/us-house-committees-advance.php; http://www.nytimes.com/2007/10/11/washington/11nsa.html?ex=1192766400&en=440e0b53bb7420a2&ei=5065&partner=MYWAY

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