Spy Chief Seeks More Eavesdropping Power

National Intelligence Director Mike McConnell testifies on Capitol Hill in Washington, in this Feb. 27, 2007, file photo. The top U.S. intelligence official is asking Congress for even more changes to a law that he says limited the government's ability to eavesdrop, not just on terrorists but also on more traditional potential adversaries. (AP Photo/Dennis Cook, File) (Dennis Cook - AP)

Many Democrats in Congress are now seeking to narrow what they consider to be overly broad language by rewriting the law. Wainstein warned that inserting specific prohibitions on government surveillance to protect civil liberties could have unintended consequences.

"Anytime you put in limiting language, you've got to make sure it doesn't have unintended limiting consequences," Wainstein said.

McConnell said that as long as his office can examine every word of the new language to scrub it for unintended consequences, he would be open to the changes.

However, Bush administration officials say concern about the new powers is unfounded. They contend the Protect America Act only allows the government to target foreigners for surveillance without a warrant, a change that was needed because of changes in communications technology.

Addressing the controversy over the law, the Justice Department and the White House Tuesday issued a "myth and facts" paper meant to ease the concerns of civil liberties advocates and privacy groups that believe it gives the government broader powers than intended.

Rep. Jerrold Nadler, D-N.Y., chairman of the subcommittee on the Constitution, Civil Rights and Civil Liberties, called the effort a troubling "charm offensive."

"Let's have some truth in advertising. The act gives the president almost unfettered power to spy without judicial approval _ not only on foreigners but on Americans," Nadler said.

McConnell said the new eavesdropping powers are needed not just to spy on terrorists but also to defend against more traditional potential adversaries.

He told the panel that China and Russia are aggressively spying on sensitive U.S. facilities, intelligence systems and development projects, and that their efforts are approaching Cold War levels.

McConnell and Wainstein pushed for other changes in the law, including granting retroactive immunity to telecommunications companies which may have helped the government conduct surveillance prior to January 2007 without a court order under the so-called Terrorist Surveillance Program. Wainstein said there are 40 to 50 lawsuits filed against telecommunications companies that are pending in U.S. courts.

(This version CORRECTS the story by deleting a paragraph that inaccurately describes provisions of the law.)