By Peter Grier
The Christian Science Monitor

“Some Democrats regret updating FISA to expand the NSA’s ability to tap American calls”.

It’s a little too late for that thinking now, isn’t it, boys and girls? - JS

Washington - The administration’s warrantless wiretapping program looks set to be the subject of renewed and bitter wrangling between Congress and the White House when lawmakers return to Washington in September.

And this upcoming battle promises to be far more complex than a run-of-the-mill dispute over an agriculture bill, say, or tax legislation. The law in this area is unusually dense and difficult. The underlying activity is classified. One of the key administration figures dealing with the issue is Attorney General Alberto Gonzales, an official in whom many in Congress have little trust.

“Essentially, it’s a difficult situation to have a rational conversation on the merits,” says Benjamin Wittes, an expert on national security law at the Brookings Institution in Washington.

The expanded snooping powers of the National Security Agency (NSA) have been controversial ever since they became public in 2006. To critics, the program opens the door to the possibility of dangerous infringement on the civil liberties of US citizens. To supporters, they’re a necessary tool against terrorism in an era of cellphones and Internet communications.

At issue now is the temporary update to the Foreign Intelligence Surveillance Act (FISA) passed earlier this month, just before Congress fled Capitol Hill for its summer break. This update was made necessary when the secretive judicial body that oversees the wiretapping, the Foreign Intelligence Surveillance Court, banned eavesdropping on foreigners whose communications were being routed through the United States.

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