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House Guts NSA Surveillance Reforms Before Passing Bill

The House today passed the USA Freedom Act -- after stripping it of several critical reform provisions.

The bill was intended to end the NSA's bulk collection of our phone records. Instead, the bill is ambiguous at best, and at worst, can be viewed as codifying the NSA's authority for bulk record collection. A coalition of tech companies, including FB, Google and Yahoo, warn "the revised version creates an "unacceptable loophole that could enable the bulk collection of internet users' data."

The version that passed the House contains changed definitions, weakens the reforms to Section 702 of FISA, and has no provision for introducing a special advocate in the FISA Court.
[More...]

The phrase "special selection term", used to described the scope of NSA's authority to conduct electronic surveillance, had been defined as relating to "a person, entity, or account.” The version of the bill passed by the House broadens the definition of "special selection term" to include addresses and devices and potentially more:

the term ‘specific selection term’ means a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought pursuant to the statute authorizing the provision of such information or tangible things to the Government.”

The Electronic Frontier Foundation (EFF) says:

The new version not only adds the undefined words "address" and "device," but makes the list of potential selection terms open-ended by using the term "such as." Congress has been clear that it wishes to end bulk collection, but given the government's history of twisted legal interpretations, this language can't be relied on to protect our freedoms.

The revisions to Section 702 of FISA no longer encompass "about searches", under which the NSA collects and reviews messages of phone users who do not even communicate with surveillance targets.

Many of the bills original backers withdrew their support when the latest version was introduced the other day. Other groups say it's not good, but it's better than nothing and they hope the Senate will add more protections when it considers the bill. That rarely happens, in my view. Either get it right the first time, or table it until you can.

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  • Display: Sort:
    Where (5.00 / 3) (#1)
    by lentinel on Fri May 23, 2014 at 05:02:32 AM EST
    do they get these names - like the "USA Freedom Act" - for something that takes away our freedoms.

    Like the "Patriot Act", which the founders of our beloved republic would have found incredibly offensive. An unpatriotic act if ever there were.

    But also we have names for wars - Iraqi Freedom - Desert Shield, and the sequel Desert Storm - etc. And then there are descriptions like "collateral damage" (to the everlasting discredit of the Clinton administration), and Orwellian euphemisms like "high value targets", "enhanced interrogation", "termination with prejudice".

    All these things are meant to keep us from feeling anything while we do things to others or to ourselves.

    Bottom line: the losses of Freedom we have experienced beginning in the Bush era are with us forever - or until people with some courage and integrity are elected to office. I'm guessing "forever" is the most likely outcome.

    The one thing that at once puzzles me and gives me some hope is the "Freedom of Information Act". How it ever happened is a miracle in itself - and that it still is in force is another miracle.
    And - yet another miracle - it's name is an accurate description of its contents.

    The other side of the coin is that, even armed with information about what our government is doing to us, the American people are either powerless, too frightened or too lethargic to demand reform.

    So the NSA will continue to "hop" and do two or three hops and the congress and executive branch will continue to shield them


    I think the name Marcy Wheeler has (5.00 / 4) (#2)
    by Anne on Fri May 23, 2014 at 07:49:21 AM EST
    given it is much more accurate:

    USA Freedumber Act</