FISA law would cripple free press

By GottaLaff

Thom Hartmann has often explained that one reason why Bush pushed the new FISA law was to spy on Democrats. Chris Hedges agrees, but also focuses on how it would silence the press:

If the sweeping surveillance law signed by President Bush on Thursday -- giving the U.S. government nearly unchecked authority to eavesdrop on the phone calls and e-mails of innocent Americans -- is allowed to stand, we will have eroded one of the most important bulwarks to a free press and an open society.

The new FISA Amendments Act nearly eviscerates oversight of government surveillance. It allows the Foreign Intelligence Surveillance Court to review only general procedures for spying rather than individual warrants. The court will not be told specifics about who will be wiretapped, which means the law provides woefully inadequate safeguards to protect innocent people whose communications are caught up in the government's dragnet surveillance program.

Here's the crux of his argument:

This law will cripple the work of those of us who as reporters communicate regularly with people overseas, especially those in the Middle East. It will intimidate dissidents, human rights activists and courageous officials who seek to expose the lies of our government or governments allied with ours. [...] It leaves open the possibility of retribution and invites the potential for abuse by those whose concern is not with national security but with the consolidation of their own power.

Hedges has joined the ACLU's lawsuit. He gets specific about how this affects the press, and as a result, all of us:

I covered the conflict in the Middle East for seven years. I have friends and colleagues in Jerusalem, Gaza, Cairo, Damascus, Tehran, Baghdad and Beirut. I could easily be one of those innocent Americans who are spied on under the government's new surveillance authority.

The reach of such surveillance has already hampered my work. I was once told about a showdown between a U.S. warship and the Iranian navy that had the potential to escalate into a military conflict. I contacted someone who was on the ship at the time of the alleged incident and who reportedly had photos. His first question was whether my phone and e-mails were being monitored.

Bingo.

I offered to travel to see him but, frightened of retribution, he refused. I do not know if the man's story is true. I only know that the fear of surveillance made it impossible for me to determine its veracity. Under this law, all those who hold information that could embarrass and expose the lies of those in power will have similar fears. Confidentiality, and the understanding that as a reporter I will honor this confidentiality, permits a free press to function. Take it away and a free press withers and dies. [...]

But this law is not about keeping us safe, which can -- and should -- be done in a constitutional manner and with judicial oversight. It is about using terrorism as a pretext to permit wholesale spying and to silence voices that will allow us to maintain an open society.

Why didn't Obama, among others, see this as the priority?

Chris Hedges was part of the team of New York Times reporters who won a Pulitzer Prize in 2002 for reporting on global terrorism.