In May, the House of Representatives
passed
a bill to rein-in National Security Agency surveillance that
was so watered down that its own sponsor, Rep. Jim Sensenbrenner
(R-Wis.), commented, “I wish it more closely resembled the bill I
originally introduced.” Now the Senate considers its own version of
the USA Freedom Act, with an attempt to remedy the flaws that drove
many privacy advocates to condemn the approved legislation.
The Senate’s bill
comes courtesy of Senate Judiciary Committee Chairman Patrick Leahy
(D-Vt.), In a
floor statement, he acknowledges that he “continue[s] to prefer
the original version of the USA FREEDOM Act” that he crafted with
Sensenbrenner, but that he has to work with what he has—which means
something that can be reconciled with the weak-tea legislation
passed by the House. He claims that the reworked bill “ensures that
the government cannot rely on Section 215 of the USA PATRIOT Act,
the FISA pen register and trap and trace device statute, or the
national security letter statutes to engage in the indiscriminate
collection of Americans’ private records.”
The American Civil Liberties Union’s Neema Singh Guliani
notes that the proposal is “not perfect, and it only deals with
one narrow surveillance authority,” but says that it really is an
improvement.
You might remember that one of our main criticisms of the
House-passed version of the USA Freedom Act was that it contained a
broad definition of “specific selection term” (SST), which, simply
put, is the term that the government uses to describe the records
it wants to collect. As it was approved in the House, that
definition could be abused to permit the collection of everyone’s
records in an entire area code or zip code, even an entire network
server.The new version of the bill creates an exhaustive list of
permissible SSTs for certain programs. If the new version works
properly, the government will no longer be able to abuse the
provision that led to the collection of the call detail records of
virtually everyone in America.For programs without an exhaustive list of SSTs, the bill
contains language indicating that the SSTs must be narrowly
limited, and it explicitly prohibits broad SSTs based on, for
example, an entire city or telephone service provider.
That’s something, but…Note that the USA Freedom Act only
addresses surveillance under Section 215 of the Patriot
Act—snooping carried out under any other authority isn’t
touched.
Baby steps.
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