http://blog.wired.com/defense/2008/06/fisa-and-wmds.htmlThe spying bill that's now being debated in the Senate does more than just update the Foreign Intelligence Surveillance Act -- and let companies like AT&T off the hook for snooping on your phone calls and e-mails. The legislation, oddly enough, also offers a new definition for "weapons of mass destruction." It's an improvement over old attempts to define WMDs. But the term is still a mess.
Under the old FISA bill, you could eavesdrop on foreign powers (or agents of foreign powers) who were trying to engage in "sabotage" and "international terrorism." To that, the new bill adds the practice of trafficking in weapons of mass destruction as being grounds for eavesdropping.
And exactly what are WMDs under the new FISA bill, you ask? Let's go to Thomas, that very useful government database, and find out. Under title VII, section 110, there is the new definition:
`(1) any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident;
`(2) any weapon that is designed, intended, or has the capability to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;
`(3) any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 178 of title 18, United States Code) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or
`(4) any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.'
...
This is a significant addition, however, and I'd be very curious to find out who sponsored this part of the legislation. It is certainly an expansion of powers for the "combating WMD" community and demonstrates that the government is still afraid of the WMD boogeyman (but not enough to get its definition straight). So, no more nuclear weapons conversations with Iranians or North Koreans on the phone. Big Brother is listening.