A proposed repeal of immunity for telecom carriers in electronic ...

Feingold, D-Wis., this week proposed the repeal as part of a bill to re- authorize expiring provisions of the Patriot Act. But he didn’t promote the provision specifically Wednesday at a Senate Judiciary Committee hearing on legislation renewing three expiring provisions, which affect court-ordered collection of electronic communications. Feingold and other Democrats told Obama administration officials that more privacy protections and heightened oversight measures are needed in the bill. “There can be no question that statutory changes to our surveillance laws are necessary,” Feingold said. “Congress cannot grant overly broad authorities and just keep its fingers crossed that they won’t be misused, or interpreted by aggressive executive branch lawyers in as broad a way as possible.” Judiciary Chairman Patrick Leahy of Vermont introduced a measure Tuesday that would add oversight of government data-collection in espionage cases, a step that many lawmakers support. “It is important to ensure there is aggressive oversight,” Justice Department Inspector General Glenn Fine said at the hearing. “We believe this oversight should come from several different levels and from different entities -- not only congressional oversight.” The department announced new policies Wednesday to increase accountability in the government’s use of the state secrets privilege in lawsuits. Attorney General Eric Holder said the policies, taking effect Oct. 1, will help rebuild public trust by ensuring that the privilege “is invoked only when necessary and in the narrowest way possible.” The privilege was raised in lawsuits against telecom carriers following public reports of the Bush administration’s expanded surveillance operations after Sept. 11. Under the new policy, the privilege can’t be invoked in court unless Justice is “satisfied there is strong evidentiary support for it,” Holder said. The policy requires officials to show a “risk of significant harm to national security” before they can invoke the privilege, and it can’t be raised “for the purpose of concealing government wrongdoing or avoiding embarrassment to government agencies or officials.” The policy calls for strict oversight. Leahy praised the announcement, saying it will bring a “higher degree of transparency and accountability to a process previously shrouded in darkness.” But Feingold called the policy “disappointing because it still amounts to an approach of ‘just trust us.'”