Intellectual Property Law

Arlen Specter, the Republican leader of the Senate Judiciary Committee, on Wednesday demanded an independent investigation into "Spygate."

The announcement came three years after it was first disclosed President Bush had authorized a secret electronic eavesdropping program on Americans without warrants in the wake of the September 11 terror attacks.

But Specter wasn't referring to that.

Instead, the Pennsylvania senator is demanding an inquiry into the New England Patriots' secret videotaping of opposing NFL coaches' signals on the sidelines -- an affair sports writers have dubbed "Spygate."

We are not making this up. Specter said such behavior, a violation of NFL rules, is damaging to the sport. Call it Specter's own Patriot Act.

"It's really an insult to the people who follow it," Specter said. He added that the Patriots "owe the public a lot more candor and a lot more accountability."

The league has fined the Patriots and coach Bill Belichick $750,000 each. The team's video assistant has turned over to the NFL eight tapes of opposing coaches giving signals during games.

Apparently real-world warrantless spying isn't as egregious as snooping on opposing NFL coaches.

Specter and other lawmakers initially talked tough when The New York Times disclosed Bush's spying program in 2005. "There is no doubt that this is inappropriate," Specter said at the time.

But Congress, including Specter, eventually passed the Protect America Act, which allowed government officials to eavesdrop in the United States on telephone conversations and  e-mails without warrants, if the target of the surveillance is "reasonably believed" to be overseas.

The law expired in February after lawmakers deadlocked on whether to grant immunity to telecommunications companies being sued for assisting Bush in carrying out the administration's secret spying program before it was legal.

The Protect America Act's expiration means surveillance must be authorized by a secret intelligence court if the wiretap is physically planted on U.S. soil.

Still, President Bush maintains that, as commander in chief, his administration has warrantless spying powers regardless of the Fourth Amendment to the U.S. Constitution.

Again, we're not making up this story.

See Also:

• Feds Use Phone Bills to Get Journo's Sources on NSA Spy Program
• In Spy Debate, Top Spy Lobbies, Attorney General Misleads
• Secret Spy Ruling Contaminates Debate
• Senate Approves Telco Amnesty, Legalizes Bush's Secret Spy Program
• House Rejects Spy Bill Extension, Setting Stage for Adoption of ...
• Secret Phone Slip Shows Telco Called for Spy Help
• Spy Official Calling Anonymity Dead Simply Summarizing Gov Spying ...
• Court-Approved Wiretapping Rose 14% in '07

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