FAQ: How far does the new wiretap law go?

Just before leaving town for a month's vacation, a divided U.S. Congress acceded to President George Bush's requests for expanded Internet and telephone surveillance powers.

What does the new Protect America Act actually do?

The new law effectively expands the National Security Agency's power to eavesdrop on phone calls, e-mail messages and other Internet traffic with limited court oversight. Telecommunications companies can be required to comply with government demands, and if they do so they are immune from all lawsuits.

It also says, as George Washington University law professor Orin Kerr notes, that 1978 Foreign Intelligence Surveillance Act (FISA) warrants are not needed for Internet or telephone "surveillance directed at a person reasonably believed to be located outside of the United States." What that means is that the National Security Agency can plug into a switch inside the United States (when monitoring someone outside the country) without seeking a court order in advance.

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