H. Rept. 109-680, Part 2: Electronic Surveillance Modernization Act, Report together with Dissenting and Additional Views to Accompany H.R. 5825, September 25, 2006 [open pdf - 2MB]
Alternate Title: H. Rept. 109-680: Electronic Surveillance Modernization Act
"The Committee on the Judiciary, to whom was referred the bill (H.R. 5825) to update the Foreign Intelligence Surveillance Act of 1978, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. […] Representative Heather Wilson, Judiciary Committee Chairman Sensenbrenner, and Select Committee on Intelligence Chairman Hoekstra introduced H.R. 5825, the 'Electronic Surveillance Modernization Act,' on July 18, 2006. This bill would strengthen oversight of the executive branch and enhance accountability, clarify the scope and applicability of FISA (Foreign Intelligence Surveillance Act) warrants; and update the 1978 Foreign Intelligence Surveillance Act to reflect modern changes in technology and communication. H.R. 5825 pertains to the manner in which the Federal government collects oral, wire and electronic communications for foreign intelligence purposes. Congress enacted the first Federal wiretap statute during World War I. The authority and limits of government surveillance have been the focus of extensive judicial consideration. By the time the United States Supreme Court ruled on the issue in Olmstead v. United States, over 40 States had banned wiretapping. In the Olmstead case, the Court found that a wiretap of a Seattle bootlegger did not violate the Fourth Amendment because there was not 'an official search and seizure of his person, or such a seizure of his papers or his tangible material effects, or an actual physical invasion of his house or curtilage for the purposes of making a seizure.' Subsequent decisions eroded the Olmstead holding, however."
H. Rept. 109-680, Part 2; House Report 109-680, Part 2
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