The surveillance controversy

President Bush acknowledged the existence of the Terrorist Surveillance Program in December 2005, after it was first reported by the New York Times.

The program – under which the National Security Agency monitors electronic communications, including e-mail and phone calls – was aimed at identifying potential terrorists who were communicating with people in the United States. As part of the program, U.S. telecommunications companies secretly granted government access to e-mails and phone calls on their networks. Bush said the program had thwarted a number of attacks.

Critics have alleged that the program circumvented the Foreign Intelligence Surveillance Act of 1978. That law created a secret, independent court to handle government requests for electronic surveillance in terrorism and espionage cases. The law was enacted as a check on executive power after the Watergate scandal and revelations that the FBI and other intelligence agencies were spying on war protesters and political opponents of the administration.

Bush has said he did not believe he needed court approval for the surveillance program, citing his authority as commander in chief and the authorization to use military force issued by Congress after the Sept. 11 attacks.

In January 2007, the Bush administration said it would cease eavesdropping on international calls involving “U.S. persons” – people or companies – without first getting a court warrant.

In spring 2007, the U.S. FISA court ruled that spy agencies were in violation of law for intercepting e-mails or phone calls that travel through the United States without court warrants.

In August 2007, alarmed by the court ruling, the Bush administration pressured Congress to pass temporary FISA changes – the Protect America Act – in a scramble before leaving on its summer break. Democrats complained of White House pressure tactics, and vowed to revisit the issue.

This March, the House defied Bush and passed a wiretapping law that did not shield telecommunications companies from lawsuits for cooperating with government eavesdropping.

Last month, the House and Senate leaders reached final compromise on FISA legislation that would expand government eavesdropping powers and protect telecommunications companies.

Source: Los Angeles Times