06-R 040

2006 -- S 2116

Enacted 01/24/06

S E N A T E R E S O L U T I O N

SUPPORTING THE UPCOMING CONGRESSIONAL HEARINGS ON THE PRACTICE OF WIRETAPPING THE E-MAIL AND PHONE CONVERSATIONS OF UNITED STATES CITIZENS WITHOUT LEGALLY OBTAINED WARRANTS

Introduced By: Senators Sheehan, C Levesque, Lenihan, Issa, and Pichardo

Date Introduced: January 24, 2006

     WHEREAS, The Fourth Amendment to the United States Constitution protects citizens

against unreasonable searches and seizures of their persons, home papers and personal effects. It

provides that a court warrant is necessary before the government can engage in electronic

surveillance of private conversations, whether by telephone or otherwise; and

     WHEREAS, The United States Foreign Intelligence Surveillance Act of 1978 (FISA)

prescribes the legal steps for requesting judicial authorization and/or warrants for the electronic

surveillance of persons who are potentially engaged in espionage or international terrorism

against the United States; and

     WHEREAS, FISA created a special court that reviews applications for authorization of

electronic surveillance. Thus far, approval has been issued for warrants in all but four of the

almost 19,000 cases heard by the FISA Court; and

     WHEREAS, In December of 2005, United States President George Bush acknowledged

ordering the National Security Agency (NSA) to repeatedly monitor e-mail and phone

communications for terrorist threats and/or activities, including those of United States citizens,

without first obtaining warrants; and

     WHEREAS, Private phone calls and e-mails are protected under the Fourth Amendment.

Probable cause and a court warrant must therefore be secured before the government can engage

in electronic surveillance of citizen's private conversations, whether by telephone or otherwise;

and

     WHEREAS, Many citizens' rights groups and various elected officials, both Democrats

and Republicans, have expressed serious concern regarding the legality of the President's actions;

now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby supports the upcoming Congressional hearings on the practice of wiretapping United

States citizens' e-mails and phone conversations without first obtaining properly issued legal

warrants; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

transmit duly certified copies of this resolution to the President of the United States and the

Rhode Island Congressional Delegation.

=======

LC00750

=======