BLOCK S.139 IN THE SENATE!

Let your senator know that nothing less than real NSA surveillance reform will do.

Perhaps you’ve been following the continuing debate in Congress on NSA surveillance, and the expiration of Section 702 of the FISA Amendments Act that makes the dragnet possible. If so, then you likely heard that Thursday the House voted down Rep. Amash’s amendment, the USA RIGHTS Act, that would have given us real mass surveillance reform. You may also know that they approved a bill, S.139, which extends Section 702 for 6 more years.

Here’s how your representatives voted on:

We still have a chance for meaningful surveillance reform this coming Tuesday when the Senate takes up S. 139. We need 41 senators to come to the aid of the Constitution by voting no on cloture for S. 139. 27 Senators voted yesterday against the Senate considering S. 139 at all, so we only need 14 more.

If S. 139 were to pass, that would not only mean six more years of the NSA spying on American citizens, but also an expansion of ‘about collection’ abilities by law enforcement.

A no vote for cloture on S. 139 will stop it from even being considered, and open the door to considering real reform. We’re urging everyone to contact their senator’s office – but especially if you are a constituent of one of the pivotal senators below.

Find Your Senator

New “USA Liberty Act” Doesn’t Fix Problem of Mass Surveillance on Americans

NSA

October 5, 2017USA Liberty Act Allows FBI’s End-Run Around The Constitution To Continue

On Thursday, the House Judiciary Committee will be filing the so-called “USA
Liberty Act”, an attempt to deal with the fact that the main statutory authority for the
government’s mass surveillance programs is due to expire December 31.

The product of lengthy negotiations between ranking minority member Rep. John Conyers (DMI),
committee chair Bob Goodlatte (R-VA) and others, it unfortunately showcases that a
bipartisan solution is not always a good one.

“The least the bill could have done,” says Restore The Fourth National Chair Alex Marthews, “would have been to fix the backdoor searches problem.”1

An unknown, but probably very large, number of Americans’ communications are being collected by the NSA’s systems without a warrant ‘for foreign intelligence purposes’, and then exploited by domestic agencies like the FBI for use in ordinary criminal investigations of all kinds. It’s common for the FBI to claim a connection of an investigation to foreign intelligence or counterterrorism, even when the `connection’ is nothing more than `the suspect read something on the Internet or traveled abroad.’2

The USA Liberty Act would still allow the FBI to warrantlessly search the NSA’s stored communications based on such a claim. It says a warrant is needed if the FBI already has a domestic crime it’s investigating, and wants to find more evidence among the content of Americans’ communications held by the NSA; but (a) it requires no warrant for metadata hits anyway, and (b) those aren’t the really worrying situations.

Instead, we’re worried about the stage where the FBI doesn’t really have a crime in mind yet, but is trying to find dirt on people. It has been historically very easy for them to claim a “foreign intelligence” connection in the case of any immigrant, or a “counterterrorism” connection in the case of any Muslim; effectively, if this is codified into law, the Fourth Amendment might as well be a dead letter for such people’s online communications. Under the practice of “parallel construction”, the FBI actually starts with a person of interest, uses NSA data to find the initial evidence of a crime, and then “backfills” a plausible chain of non-NSA evidence so that their use of intelligence-derived information is not challengeable in court.3 This bill won’t fix that. Most
Americans brought up on charges based on NSA-derived information are never told where that evidence came from. We don’t even know in aggregate or in general an estimate of how many Americans NSA’s “PRISM” and “UPSTREAM” programs, governed by Section 702, have had their data warrantlessly seized; Congressmembers have been asking for six years for an estimate, and the intelligence community has stolidly refused to give one.4

This bill does some good things. For example, it extends whistleblower protections to
intelligence community contractors. It codifies a ban on so-called “about collection.” But given all we have learned as a nation about mass surveillance on us since December 2012, when this law last came up for renewal, it should at the very least require a warrant for all domestic agencies’ searches of intelligence databases.

1 For more on Restore The Fourth, see www.restorethe4th.com.
2 See, among many others, the case of Tarek Mehanna of Sudbury, MA
3 See a fuller explanation at https://en.wikipedia.org/wiki/Parallel_construction.
4 This sorry history is detailed at https://www.emptywheel.net/2017/03/17/ron-wydens-history-of-bogus-excuses-for-not-counting-702-us-person-collection.

 

Contact:
Alex Marthews
National Chair, Restore the Fourth
rt4chair@protonmail.com
781-258-2936

Jonathan Capra
Communications Chair,
Restore the Fourth
fongaboo@protonmail.com