Frequent readers may recall the several items we published on the Protect America Act of 2007 (H.R. 1927) that gave the federal government authority to monitor American citizens' e-mails and phone conversations, provided they are corresponding with or speaking to persons outside of the United States.

The Protect America Act was rushed through both houses of Congress in order to be signed by the President prior to the Congress' August recess. It was, however, given a 6 month sunset provision and will expire in February of 2008 if not renewed by Congress.

In recent days Congress passed a new piece of legislation that would, essentially, make permanent the provisions in the Protect America Act. Foreign Intelligence Surveillance Overhaul (H.R. 3773) was passed on November 15, 2007, by a vote of 227-189 (Roll Call 1120).

Some media (such as The New York Times article linked above) have made note that a House committee dropped an immunity provision from the eavesdropping bill that would have protected certain telephone companies from liability related to participating in illegal wiretapping operations sanctioned by the Bush administration following the September 11, 2001, terrorist attacks. Despite the fact that the immunity provision has been dropped from H.R. 3773, it still is not a good or constitutional bill.

If passed, the FISA overhaul bill would violate the Fourth Amendment's prohibition against subjecting American citizens to "unreasonable searches and seizures." It is now up to the U.S. Senate to determine if H.R. 3773 is to be sent to the President's desk for his signature. Hopefully there are at least 51 Senators who will not continue to tolerate President Bush's demand for unconstitutional eavesdropping programs such as the warrantless electronic surveillance provisions that would become law under H.R. 3773.