Bill to Overhaul US Wiretap Law Clears Senate Hurdle

 Legislation to revise U.S. surveillance law survived a key test vote inthe Senate Wednesday, despite opposition from some majority Democratsto a provision protecting telephone companies from possible privacylawsuits. The Senate could give final approval to the bill and send itto President Bush for his signature before a congressional recess nextweek. VOA's Deborah Tate reports from Capitol Hill.

Senators voted 80 to 15 to proceed to the legislation - 20 more than the 60 votes necessary under Senate rules.

Thebill, which updates the 1978 Foreign Surveillance Intelligence Act(FISA), would expand the government's powers to eavesdrop on terrorismsuspects while at the same time take steps to safeguard civil liberties.

"Wehave produced a strong, smart policy that will meet the needs of ourintelligence community and protect America's cherished civilliberties," said Senator Jay Rockefeller, a West Virginia Democrat andchairman of the Senate Intelligence Committee.

The bill wouldgrant retroactive legal immunity to telephone companies that allegedlytook part in the Bush administration's warrantless wiretap programfollowing the September 11, 2001 terrorist attacks - but only after afederal court determines they received legitimate requests from thegovernment to participate in the program.

That provision hassome Democrats furious. "This bill is not a compromise. It is acapitulation. This bill will effectively and unjustifiably grantimmunity to companies that allegedly participated in an illegalwiretapping program," said Senator Russ Feingold, a Wisconsin Democrat.

Phone companies face some 40 lawsuits over their reported participation in the wiretap program.

Thebill also would require government authorities to obtain individualcourt orders to wiretap Americans who are outside the United States andrequire a special court to give advance approval to the government'sprocedures for wiretapping operations.

At least one Republican,Senator Orrin Hatch of Utah, takes issue with that provision. "The ideathat the executive branch of the government needs the explicit approvalof the judiciary branch before collecting foreign intelligenceinformation from foreign citizens in foreign countries is simplywrong-headed, and is contrary to our constitutional principles," hesaid.

The bill would allow electronic eavesdropping on Americantargets without court orders in what are designated as emergencysituations, allowing the government to submit justifications within oneweek.

The legislation was overwhelmingly approved by the Houseof Representatives last week, and President Bush has said he would signit. The measure would replace a temporary surveillance law that hadexpired in February.