House Intelligence Committee Chairman Mike Turner (R-Ohio) and Ranking Member Jim Himes (D-Conn.) have proposed that House Intelligence Committee Chairman Mike Turner (R-Ohio) and Ranking Member Jim Himes (D-Conn.) effectively act as the “Patriot Act 2.0” and significantly increase surveillance of Americans. proposed an amendment to the spy powers reform bill that would expand the spy powers to
Turner and Himes proposed: correction This is a bill that reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA). Section 702 targets foreign adversaries. However, intelligence agencies often monitor the private communications of American citizens without a warrant.
In their summary, Himes and Turner said the proposed amendment would “slightly update” the definition of electronic communications service provider under Section 702. However, the proposal would significantly expand the area that intelligence agencies can monitor.
countermeasure update The definition of electronic service provider also includes “any other service provider that has access to equipment that is or may be used to transmit or store wired or electronic communications.”
Essentially, this amendment would limit the number of companies and their employees who would be forced to spy on customers or provide warrantless access to their communications systems under this controversial FISA provision. It will expand significantly.
The provision has been called a “Trojan horse” for “Patriot Act 2.0” by privacy advocates.
Mark Zwillinger is a top FISA expert and one of five carefully selected FISA Court Amici, explained:
Despite these exclusions, the new amendments would still allow the government to compel the assistance of a wide range of additional entities and individuals in conducting surveillance under FISA 702. The broad scope of the new definition is evidenced by the fact that the drafters felt compelled to exclude commonplace locations such as senior centers, hotels, and coffee shops. However, these specific exceptions are within the scope of the new definition. It’s not a “narrow” change.
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This also means that, even if the possibility of the same surveillance were eliminated, U.S. companies may be forced to use their communications (if one is in a foreign country) by landowners who have access to office wiring and data centers where computers are located. This means that there is a possibility of eavesdropping. With the help of hotels, restaurants, community centers and other public retail facilities. See below for a specific hypothetical example of how this monitoring might occur. Previous blog posts.
Zwillinger added that the proposal would likely expand the government’s ability to “inadvertently” surveil Americans.
Most troubling, the use of warrantless surveillance under FISA 702 could be applied to a variety of new situations in which the communications of U.S. citizens and others in the United States are particularly likely to be “accidentally” obtained by the government. It is to be expanded. And that raises concerns that FISA 702 could become the rule rather than the exception in how the government obtains communications. Congress should be fully aware of this before considering this amendment.
In a joint statement in December, Demand Progress Policy Director Sean Vitka and FreedomWorks President Adam Brandon said of the previous version of the proposal:
FISA Reform and Reauthorization Act is a Trojan horse for PATRIOT Act 2.0. Chairman Turner and Ranking Member Himes should be ashamed of themselves for authoring legislation that dramatically expands warrantless surveillance under Section 702 of FISA, whether intentionally or incompetently.Permanent and far-reaching.” Basics. This is an astonishing overreach and is completely at odds with the voices of millions of Americans who are asking Congress to protect their privacy. [Emphasis added]
Rep. Tom Tiffany (R-Wis.) wrote: The FBI should be required to obtain a warrant. ”
No more warrantless searches of American citizens.
The FBI should be required to obtain a warrant.
— Rep. Tom Tiffany (@RepTiffany) April 9, 2024
Sean Moran is a policy reporter at Breitbart News. Follow him on Twitter @SeanMoran3.
