To What Extent is the Government Collecting Your Internet Use Data?

By: U.S. Representative Pramila Jayapal (D-WA, 7th)

Washington, D.C. - September 25, 2020 - (The Ponder News) -- U.S. Representatives Pramila Jayapal (WA-07) and Warren Davidson (OH-08) sent a bipartisan letter to Attorney General William Barr and Director of National Intelligence John Ratcliffe today, seeking clarification on current surveillance practices since the March expiration of the USA Freedom Act, which includes the business records (Section 215), roving wiretap and lone wolf authorities.

In order for Congress to conduct its oversight responsibilities, Congress and the American people must know the extent of the government’s surveillance programs and which authorities they rely on. The letter refers to multiple incidences where U.S. intelligence agencies circumvented the will of Congress, violating Americans’ Fourth Amendment right to privacy and agencies’ own internal guidelines in conducting illegal surveillance. Reps. Davidson and Jayapal also question the extent to which the federal government is collecting Americans’ internet search and browser history data.

“We should all be concerned about the state of every American’s Fourth Amendment right to privacy if this administration is operating any surveillance on U.S. citizens without express Congressional authorization and oversight,” said Congresswoman Jayapal. “We need a clear public explanation of the guidance issued to federal agencies to confirm that the administration is not illegally surveilling the American people.”

“I look forward to a prompt response from Attorney General Barr and Director Ratcliffe. It is of utmost importance that we verify that U.S. intelligence agencies are abiding by the Constitution and upholding Americans’ right to privacy,” said Congressman Davidson. “Given recent history, Americans are entitled to know that, in the absence of Section 215, their Fourth Amendment rights are secure.”

Thirty-nine representatives joined Jayapal and Davidson in signing the letter.

The full letter is available here.

U.S. Called to Bring China to International Court over COVID-19 (AND MORE!)

Council of Medical Specialty Societies (CMSS) Statement on Personal Protective Equipment
Source: American Psychiatric Association
April 2, 2020
CMSS and its member societies urge federal, state and local authorities to ensure an adequate supply and distribution of PPE for every frontline healthcare professional in the United States. Physicians and other healthcare professionals can and should expect their institutions to provide appropriate means to limit occupational exposure. Physicians and other healthcare professionals should be allowed to bring their own PPE to protect themselves, colleagues, and patients when these items are in short supply at their institutions. CMSS supports the Joint Commission statement allowing the use of private PPE, but this option does not obviate an institution’s responsibility to provide adequate PPE to all healthcare personnel.
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Pelosi’s coronavirus response investigation is absurd
Source: Americans for Limited Government
April 2, 2020
Nancy Pelosi’s decision to investigate the coronavirus response in the midst of the battle to save American lives is absurd and blatantly un-American. It is okay to question actions, but to open an official investigation that will drain resources from those who are working 24/7 trying to save American lives, and re-open our country as soon as possible is perhaps the most blatantly dangerous action I have ever witnessed by any elected official.
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Access Now joins 100+ organisations in telling governments: don’t use the coronavirus pandemic as cover for expanding digital surveillance
Source: Access Now
April 2, 2020
“Governments risk compounding the harms of this outbreak by running roughshod over our privacy and dignity, and ignoring protections that arose in direct response to overreach during past global crises. By selling tools of surveillance as public health solutions, authorities and all-too-willing companies could rewrite the rules of the digital ecosystem in corona-colored ink – which we fear is permanent,” said Peter Micek, General Counsel at Access Now.
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Congressman Marc Veasey (TX-33) Joins Entire Texas Democratic Delegation in Urging Governor Abbott and Secretary of State Hughs to Implement Statewide No-Excuse Vote-by-Mail Program
Source: U.S. Representative Marc Veasey (D-TX, 33rd)
April 3, 2020
Congressman Marc Veasey (TX-33) joined the entire Texas Democratic delegation urging Governor Greg Abbott and Secretary of State Ruth Hughs to implement a no-excuse vote-by-mail program for all elections in the state of Texas until the end of this year. The letter also calls for preserving in-person voting opportunities for those who need them, as long as in-person voting sites are structured in a way that will allow them to respond to any public health concerns. In the middle of this public health crisis, it is more important than ever that important pillars of our democracy are strengthened and that everyone in the state of Texas is able to exercise their right to vote.
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VELA ISSUES STATEMENT ON FIRING OF USS THEODORE ROOSEVELT COMMANDING OFFICER IN THE MIDST OF GLOBAL CRISIS
Source: U.S. Representative Filemon Vela (D-TX, 34th)
April 3, 2020
The rash and emotional decision by the Acting Secretary of the Navy to fire the Commanding Officer of the aircraft carrier USS Theodore Roosevelt is deeply troubling in this time of global crisis. The act is truly unprecedented. Normally commanding officers are relieved by their immediate superiors instead this one was fired by the Pentagon,” said Congressman Vela. The firing appears to be politically motivated as the result of a letter released to the media painting the picture of a dire situation that was dismissed by the chain of command. A situation that none of us can fully appreciate, because the situation on the ground is often far worse than what we hear in letters and phone calls.
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Statement from Women’s Refugee Commission Executive Director Sarah Costa on the COVID-19 Pandemic
Source: Women’s Refugee Commission
April 3, 2020
Sixty percent of the more 70 million people currently displaced by conflict or crisis are women and girls. Displaced women and girls face unique challenges and risks – including increased risks of gender-based violence (GBV), limited access to critical health care services, and significant barriers to economic stability. The COVID-19 pandemic is sure to exacerbate these risks in alarming ways. Women and girls also are often the primary caregivers, with 70 percent of the global health and social service workforce made up of women, further increasing their risk of exposure.
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VAN HOLLEN, BLUMENTHAL LEAD CALL FOR INVESTIGATION INTO NAVY’S COVID-19 OUTBREAK & DECISION TO RELIEVE CAPT. CROZIER OF COMMAND
Source: Senator Chris Van Hollen (D-MD)
April 3, 2020
We are particularly alarmed by the stark reversal from the Navy regarding CAPT Crozier’s leadership during this crisis. One day before CAPT Crozier was relieved of command, the Acting Secretary of the Navy stated in reference to the Captain’s 30 March request for assistance that “the fact that he wrote the letter to his chain of command to express his concerns would absolutely not result in any kind of retaliation.” It is also difficult to understand how CAPT Crozier’s decision to copy “20 or 30 people” on an email to his chain of command necessarily constitutes a breach warranting relief of command. This reversal sends a mixed message to sailors aboard the USS Theodore Roosevelt and given the remarkable show of support for CAPT Crozier by members of his crew, we are additionally worried about the impact of this decision on morale and readiness.
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VAN HOLLEN, MARKEY CALL FOR PRESERVING FIRST RESPONDERS’ ACCESS TO EMERGENCY SPECTRUM IN NEXT CORONAVIRUS ECONOMIC RELIEF PACKAGE
Source: Senator Chris Van Hollen (D-MD)
April 3, 2020
The Don’t Break Up the T-Band Act repeals a provision of the 2012 Middle Class Tax Relief and Job Creation Act, which directed the Federal Communications Commission (FCC) to auction off this band of spectrum by 2021. Police and fire fighters in highly-populated metropolitan areas in Massachusetts, New York, Pennsylvania, Washington, D.C., and elsewhere use critical T-Band spectrum for emergency public safety communication. Agencies across the country have invested millions of local, state, and federal dollars in the T-Band networks, which offer the reliable coverage and regional interoperability that first responders require for mission critical voice communications.
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ACLU DEMANDS THAT ICE SUSPEND CIVIL ENFORCEMENT, RELEASE DETAINEES DURING COVID-19 PANDEMIC
Source: American Civil Liberties Union (ACLU)
April 3, 2020
The American Civil Liberties Union sent a letter today to the Department of Homeland Security demanding that Immigration and Customs Enforcement (ICE) temporarily suspend civil immigration enforcement and release those in civil detention for the duration of the COVID-19 pandemic. ACLU state affiliates — including in Southern and Northern California, Louisiana, New Jersey, New York, Oregon, Washington state, and Texas — are urging ICE field offices, private prison operators, and local elected officials around the country to act to limit spread of the virus and save lives.
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Perspective: Getting Through This Together
Source: American Medical Association
April 3, 2020
Since this pandemic began, the AHA has been sounding the alarm for policymakers and government leaders to make sure our field gets the tools and resources we need to win this war. We’ve told them — with your help — that hospitals, health systems and providers need more personal protective equipment, more ventilators and more beds and backup personnel to handle the surge in patients. And, we’ve told them that you need to be at the front of the line when it comes to financial support to keep our doors open because you are on the front lines, providing essential public services when and where they’re needed most.
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CPS Energy officials detail utility’s response to COVID-19 in Facebook Live event
Source: American Public Power Association
April 3, 2020
During the event, Gold-Williams noted that in the wake of the pandemic, CPS Energy has suspended customer disconnects indefinitely. “That’s not unusual,” she noted. “We typically suspend disconnects over the hottest part of the summer and around the Christmas holidays,” so CPS Energy already had a process and protocol in place. (Several other public power utilities have also suspended disconnects with COVID-19).
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COVID-19 costs American workers at least 10 million jobs
Source: Americans for Limited Government
April 3, 2020
“Today’s Bureau of Labor Statistics unemployment rate dramatically understates the actual state of the workforce. These reports are based upon mid-month surveys conducted on behalf of BLS, which do not reflect the full results of the last two new unemployment claims filed with state governments. The 1.35 million person increase in the number of unemployed is at least 8.5 million short of the actual number of people thrown out of work by the government’s response to the COVID-19 as demonstrated by the weekly unemployment claims reports released yesterday. This means that the actual COVID caused unemployment rate is likely between 9 and 10 percent and rising every day.
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Head Start, Child Care, Domestic Violence Programs to Receive Stimulus Funds
Source: Administration for Children and Families
April 3, 2020
“President Trump has secured more than $6 billion in funding to help meet the needs of America’s most vulnerable during this time of crisis, from youth in foster care to families enrolled in Head Start,” said HHS Secretary Alex Azar. “As part of the President’s all-of-America approach to combating the coronavirus, ACF is providing extra support for community services, such as child care, housing, and nutrition, that Americans may rely on even more in this time of crisis.”
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McConnell: “Outstanding Nominations That Will Strengthen Our Independent Judiciary for Decades”
Source: Senator Mitch McConnell (R- KY)
April 3, 2020
“President Trump has announced two more outstanding nominations that will strengthen our independent judiciary for decades to come.”
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Barragán Urges Federally-Owned Personal Protective Equipment Go To Doctors and Nurses Ahead of ICE Agents
Source: U.S. Representative Nanette Barragan (D-CA, 44th)
April 3, 2020
In The Variety of Cardiovascular Presentations of COVID-19, the team of 18 New York City physicians note COVID-19 can involve the cardiovascular system in a variety of ways, and there are evolving considerations for treatment across the spectrum of patients with preexisting cardiovascular diseases. The researchers also detail four case studies of patients to illustrate the multiple cardiovascular presentations of COVID-19 infection.
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New York City physicians note multiple cardiovascular presentations of COVID-19, impact of pre-existing CVD
Source: American Heart Association
April 4, 2020
In The Variety of Cardiovascular Presentations of COVID-19, the team of 18 New York City physicians note COVID-19 can involve the cardiovascular system in a variety of ways, and there are evolving considerations for treatment across the spectrum of patients with preexisting cardiovascular diseases. The researchers also detail four case studies of patients to illustrate the multiple cardiovascular presentations of COVID-19 infection.
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U.S. SENATOR TAMMY BALDWIN INTRODUCES LEGISLATION TO PROTECT FRONTLINE WORKERS AGAINST COVID-19
Source: Senator Tammy Baldwin (D - WI)
April 6, 2020
Senator Baldwin’s COVID–19 Workers First Protection Act (S.3584) directs the Department of Labor (DOL) to issue an emergency temporary standard (ETS) that requires certain employers to develop and implement a comprehensive infectious disease exposure control plan to protect health care workers and other employees at elevated risk from exposure to COVID-19, such as first responders, firefighters and emergency medical technicians.
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Statement from Rep. Andy Barr Calling for Expansion of Paycheck Protection Program
Source: U.S. Representative Andy Barr (R-KY, 6th)
April 7, 2020
“The Paycheck Protection Program (PPP), enacted as part of the CARES Act, has generated more than $70 billion in forgivable loans to American small businesses in just a few days. Despite this massive and rapid investment in small businesses, and because of growing demand for the program, additional funding and enhancements are required to help small employers keep their workers on the payroll through the duration of the pandemic-related shutdown of the U.S. economy. That is why I am joining House Minority Leader Kevin McCarthy and Senate Majority Leader Mitch McConnell in supporting Treasury Secretary Steven Mnuchin’s impending request to Congress for increased funding to the PPP. No eligible small business or employee should be left behind simply due to an arbitrary shortage of appropriations.
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Murkowski, Barrasso: States Need Flexibility in Using Coronavirus Relief Fund
Source: Senator John Barrasso (R-WY)
April 8, 2020
In their letter, the senators urge Treasury Secretary Mnuchin to publish guidance that cuts red tape and gives states and local governments flexibility to use these funds to address the needs and challenges their communities are facing.
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Rep. Jim Banks Calls on United States to Bring Case Against China to International Court of Justice
Source: U.S. Representative Jim Banks (R-IN, 3rd)
April 8, 2020
Rep. Banks says, “If China’s leaders hadn’t become embarrassed by the outbreak and tried to cover up its spread, the world may have had a better chance to prepare for this or even contain it in Wuhan or China. Instead, we have a pandemic. China shoulders most of that blame. Rather than succumb to the propaganda and spin of Chinese officials, the world must hold them accountable for mishandling this outbreak. If the United Nations cannot even do that, it has completely lost its purpose.”
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Surveillance

Today's News about Surveillance Issues

CDT Leads Coalition of Over 100 Organizations Opposing DHS Surveillance of Activists, Journalists, and Lawyers
Source: Center for Democracy and Technology
May 1, 2019
The Center for Democracy & Technology (CDT) led a coalition of over 100 organizations in sending a letter to the U.S. Department of Homeland Security (DHS) urging it to cease any targeting of activists, journalists, and lawyers based on their First Amendment-protected speech and associational activities. The coalition demanded that DHS address alarming reports of surveillance activity by U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) that jeopardizes First Amendment rights and access to legal counsel, and may violate the Privacy Act of 1974.

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New Documents Reveal DHS Asserting Broad, Unconstitutional Authority to Search Travelers’ Phones and Laptops
Source: Electronic Frontier Foundation
May 1, 2019
The Electronic Frontier Foundation (EFF) and the ACLU asked a federal court to rule without trial that the Department of Homeland Security violates the First and Fourth Amendments by searching travelers’ smartphones and laptops at airports and other U.S. ports of entry without a warrant.

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When License-Plate Surveillance Goes Horribly Wrong
Source: The New York Times
April 24, 2019
The pitfalls of automated policing, where one piece of bad information can lead to a guns-drawn confrontation.

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Reaction to FISA Vote

The Foreign Intelligence Surveillance Act program was initially enacted with the focus of gathering intelligence on foreign actors but was expanded by the USA Patriot Act in 2001 to include surveillance of U.S. citizens.

Note from the editor:

I remember when the Patriot Act was first signed into law. I was one of the few who railed against it because of everything that is being railed against it today. I was attacked from all sides because it was shortly after 9-11 and people would rather give up freedom than security.

Benjamin Franklin once said "He who would give up essential liberty in order to gain a little temporary security deserves neither."

I have not changed my stance on this.

Rod Blum (R-IA, 1st)

“I respect the work of our intelligence community and law enforcement agencies to protect U.S. citizens from harm within the country and overseas, but I cannot support flagrant violations of the Fourth Amendment. I co-sponsored Congressman Amash’s proposed Amendment because I continue to be concerned about unauthorized government intrusion in private communications between U.S. citizens, and I believe this amendment would have addressed these underlying issues such as ensuring proper warrants are in place before obtaining information on U.S. citizens. Unfortunately, this amendment was not included in the final bill, and that is why I voted NO on continuing these unconstitutional surveillance practices.”

Suzanne Bonamici (D-OR, 1st)

“We all want the nation to be secure, but Americans’ privacy rights must not be sacrificed while protecting national security,” said Bonamici. “Our intelligence gathering infrastructure and the laws governing it need to strike a careful balance between national security and an individual’s right to privacy. This bill does not properly achieve that balance. It raises serious concerns about the potential for abusive warrantless searches that would undermine Americans’ Fourth Amendment rights. I’m disappointed that the House did not agree to bipartisan reforms to address those concerns.

“In an increasingly connected world, it is critical that the American government respect the privacy rights of Americans while protecting national security. I cannot support reauthorization without stronger safeguards to prevent the unconstitutional collection and use of our private communications.”

Judy Chu (D-CA, 27th)

“FISA includes flaws that were written for a different time. That is why, for years, we have been calling for a fix that would protect our citizens from FISA abuses. The bill that passed the House today is not that fix. While this bill does add new warrant requirements for law enforcement, those requirements are for display only. In fact, the FBI acknowledges that they will almost never be forced to use a warrant under this law to access e-mail or phone calls. This creates a real risk that the private information of American citizens could be handed over to other agencies without having to follow due process. Further, the warrant provision is further weakened by an undefined ‘national security’ exemption so ambiguous that I worry the government will use it to allow a number of purely domestic searches. We must protect the rights and privacy of American citizens.” 

Tom Cole (R-OK, 4th)

“I am extremely pleased that the legislation extending section 702 authority, which is critical to our national security, has been adopted by the House and passed, with my support,” said Cole. “S. 139 allows the federal government to track foreign terrorists on foreign soil. These surveillance activities are crucial to protecting American citizens and our troops stationed abroad.”
 
“I am also satisfied that there are sufficient measures included in the legislation to protect the privacy of American citizens. We have not seen any abuse of section 702 authority by intelligence agencies and law enforcement in the past, and I am confident that they will continue to perform with the highest professional standards in the future.”
 
“The debate over the section 702 authority has been good and healthy. I believe Congress has struck the right balance between protecting civil liberties and protecting our nation’s safety and security in this year’s FISA reauthorization.”

Suzan Delbene (D-WA, 1st)

Our first priority must always be keeping Americans safe and I believe we can find a balance between respecting the Fourth Amendment and protecting our national security. This legislation fails to make the critical reforms needed to address the privacy concerns of Americans, which is why I oppose it.

Keith Ellison (D-MN, 5th)

“In the last several years, we’ve seen Americans' civil rights and civil liberties rolled back, and religious minorities, immigrants and communities of color targeted most acutely. By codifying a warrantless surveillance program into law, and giving the U.S. government access to millions of Americans’ private emails, text messages and phone calls, S. 139 further jeopardizes the privacy rights for those communities, including many within my own district.

We must stand our ground against this continued erosion of our constitutional rights. I hope my colleagues will join me in voting to replace this bill with the USA RIGHTS Act, which reinstates essential Fourth Amendment protections."

Blake Farenthold (R-TX, 27th) 

“There are a lot of constitutional and ethical problems with this legislation. It is troubling that despite having a warrant requirement, the exceptions are so broad they eviscerate the rule,” said Congressman Farenthold. “Part of protecting the American people includes protecting their constitutional rights.”

John Faso (R-NY, 19th)

“Failure to extend the FISA Act would put our nation at risk, impacting our ability to investigate terrorist threats – even those which might be an immediate threat. In addition, FISA intelligence is frequently utilized to protect U.S. military forces and diplomatic missions from hostile action by terrorist networks. We cannot let our nation go unprotected against hostile terrorist entities. We must keep this authority, and I was proud to support this legislation today,” 

Paul A. Gosar (R-AZ, 4th)

"My first year in Congress was the first time I was faced with the decision to reauthorize sections of the Foreign Surveillance Intelligence Act (FISA). This law, enacted in 1978, nominally allowed for the collection of foreign intelligence on foreign agents suspected of terroristic activities or espionage. That all sounds legitimate. In concept, this law was intended to allow surveillance and spying on non-citizens who posed a terrorist threat to our country.

"In practice, the law has been repeatedly abused to spy on American citizens. Notable abuses date back to 2002, and most recently, it was used as a political weapon against Donald Trump and his campaign. The reason it can be abused so easily is that the President can authorize spying without a court order. There is a process to get a warrant from a secret tribunal, or FISA court, but this process is merely a rubber stamp.  Out of 22,990 applications for permission to spy between 1979 and 2006, only five were denied. That is the definition of a rubber stamp.  That is not an independent check and balance.

"In 2015, I voted against the USA Freedom Act, which I initially supported as it would have forced the FISA court to be more transparent and curbed the abuses that are still occurring. However, as is often the case, after the House passed a strong bill, the Senate weakened it substantially and I therefore was forced to withdraw my support. The fact that the abuses increased after passage of this law demonstrates my concerns were valid. As I said at the time: 

'The original Freedom Act, of which I’m proud to have been an original cosponsor, would have prevented the federal government from unconstitutionally spying on innocent Americans, ended the bulk collection of private information and required the FISA court, which operates in secrecy, to become more transparent and operate like a real judicial court. These are necessary reforms demanded by Americans and our Constitution. Unfortunately, however, this legislation was changed at the last minute. Key reforms in the original bill were stripped or weakened to such an extent that I could not in good faith continue to support it. I am disappointed that the House accepted this watered down piece of trash, which was endorsed and pushed by the Obama administration and fails to remedy serious government abuses.'

"I am not happy to say I told you so."

"In 2011, I was told I should vote for FISA reauthorization because the government agents had learned their lesson and would never abuse their power again. And they said it again in 2012. And 2013, 2014 and on and on. You get the point. Nothing has changed. Indeed, under Obama (after the so-called reforms), the abuse of this law reached criminal proportions where FISA was weaponized as a political tool to harass, spy and undermine our election process and to (unsuccessfully) help the party in power remain in power through the election of Hillary Clinton. Such spying on U.S. citizens under color of law is illegal and can result in five years in jail. 

"I am not holding my breath for the Trump Department of Justice to convene a grand jury and start the indictment process against the Obama officials who violated the law and the civil rights of Donald Trump and his campaign staff. I can only do what is in my power to do, which is to say enough. 

"I, along with more than 40 of my colleagues, led by Michigan Representative Justin Amash, have championed practical, constitutionally-sound reforms to the FISA program that would allow our intelligence and law enforcement agencies to effectively carry out their mission to keep our country safe while also upholding the bedrock constitutional protections American citizens have been guaranteed since the Bill of Rights was ratified in 1791. Unfortunately these reforms were not incorporated into the most recent reauthorization bill.

"When I was sworn in as the Representative for Fourth Congressional District of Arizona, I took an oath to defend the Constitution. Allowing warrantless spying on American citizens is a violation of the Constitution. This is why I voted against FISA 702 Reauthorization."

Joseph P. Kennedy, 3rd (D-MA, 4th)

“Balancing the delicate scales of privacy and security for the American people is Congress’s most solemn responsibility. Reauthorizing this surveillance program provided an overdue opportunity to ensure that our intelligence community maintained the tools necessary to keep us safe, while guaranteeing the civil liberties of our citizens. Instead, the bill approved today only slightly improved the status quo and failed to make the meaningful reforms this program required.”

Related news:

FISA, Davidson's Push to Uphold Constitutional Rights

Trump Admin Plans Surveillance of Immigrants’ Social Media

Washington, D.C. - November 27, 2017  (The Ponder News) -- A group of Senators have sent a letter to Acting Secretary of the Department of Homeland Security Elaine Duke calling into question a recent notice by the Trump Administration that DHS would retain “social media handles, aliases, associated identifiable information, and search results” of immigrants, including that of lawful permanent residents and naturalized U.S. citizens.

“Without any information explaining the scope and timing of the Department’s plans to implement social media screening of all applicants for immigration benefits, we are concerned with the constitutional and privacy concerns raised by this action,” wrote the senators. “Not only does this data collection affect immigrants, it would appear to impact any individual in the United States who communicates with an immigrant, including a U.S. citizen.”

Seen as the latest chapter in President Trump’s broader anti-immigrant agenda, the announcement was immediately condemned by civil rights organizations and immigrant rights groups as a flagrant attempt to intimidate people who have immigrated to this country by censoring their free speech rights. The Senator’s missive asks Acting Secretary Duke to answer a series of questions on the lawfulness and rationale behind a program to indefinitely store electronic communications of citizens and non-citizen immigrants.

A copy of the letter is available Here .

See more headlines at The Ponder News Web Site

ACLU COMMENT ON RELEASE OF TEXT OF BILL TO REAUTHORIZE WARRANTLESS SURVEILLANCE OF AMERICANS

Source: American Civil Liberties Union



Washington, D.C. - October 28, 2017 (The Ponder News) -- The Senate Intelligence Committee released the text of the bill that was voted on in a closed session to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, which allows the government to surveil Americans’ communications without a warrant and is set to expire at the end of the year.

The bill would reauthorize Section 702 for eight years, and it would authorize for the first time several of the government’s illegal practices — such as searching for information about people in the U.S., collecting domestic communications, and collecting communications that are neither to nor from a surveillance target. The bill lacks much-needed reforms to ensure that the government gets a warrant to search for information of people in the U.S., to end illegal practices that the NSA has used to collect domestic communications, and to ensure appropriate transparency.

Neema Singh Guliani, American Civil Liberties Union legislative counsel, had the following reaction:

“It's unacceptable that an issue of this magnitude was debated behind closed doors. We now know what mischief they were up to in secret. Not only did they fail to curb the litany abuses that have occurred in recent years, in many respects, the bill would expand existing surveillance authorities. Now that this language has seen the light of day, it is clear that this bill would further strip Americans of their constitutional rights.

“No president — including our current one — should have the authority to conduct large-scale warrantless surveillance of Americans. Such power leaves Americans vulnerable to illegal spying that improperly targets government critics, activists, journalists, and communities of color.”

EFF Urges Supreme Court to Take On Unconstitutional NSA Surveillance, Reverse Dangerous Ruling That Allows Massive Government Spying Program

Washington, D.C. - August 11, 2017 (The Ponder News) -- The Electronic Frontier Foundation (EFF) asked the Supreme Court to review and overturn an unprecedented ruling allowing the government to intercept, collect, and store—without a warrant—millions of Americans’ electronic communications, including emails, texts, phone calls, and online chats.

This warrantless surveillance is conducted by U.S. intelligence agencies under Section 702 of the Foreign Intelligence Surveillance Act. The law is exceedingly broad—Section 702 allows the government to conduct surveillance of any foreigner abroad­—and the law fails to protect the constitutional rights of Americans whose texts or emails are “incidentally” collected when communicating with those people.

This warrantless surveillance of Americans is unconstitutional and should be struck down.

Yet the U.S. Court of Appeals for the Ninth Circuit, ruling in U.S. v. Mohamud, decided that the Fourth Amendment doesn’t apply to Americans whose communications were intercepted incidentally and searched without a warrant. The case centered on Mohammed Mohamud, an American citizen who in 2012 was charged with plotting to bomb a Christmas tree lighting ceremony in Oregon. After he had already been convicted, Mohamud was told for the first time that information used in his prosecution was obtained using Section 702. Further disclosures clarified that the government used the surveillance program known as PRISM, which gives U.S. intelligence agencies access to communications in the possession of Internet service providers such as Google, Yahoo, or Facebook, to obtain the emails at issue in the case. Mohamud sought to suppress evidence gathered through the warrantless spying, arguing that Section 702 was unconstitutional.

In a dangerous and unprecedented ruling, the Ninth Circuit upheld the warrantless search and seizure of Mohamud’s emails. EFF, the Center for Democracy & Technology, and New America’s Open Technology Institute filed a petition today asking the Supreme Court to review that decision.

“The ruling provides an end-run around the Fourth Amendment, converting sweeping warrantless surveillance directed at foreigners into a tool for spying on Americans,” said EFF Senior Staff Attorney Mark Rumold. “Section 702 is unlike any surveillance law in our country’s history, it is unconstitutional, and the Supreme Court should take this case to put a stop to this surveillance.”

Section 702, which is set to expire in December unless Congress reauthorizes it, provides the government with broad authority to collect, retain, and search Americans’ international communications, even if they don’t contain any foreign intelligence or evidence of a crime.

“We urge the Supreme Court to review this case and Section 702, which subjects Americans to warrantless surveillance on an unknown scale,” said EFF Staff Attorney Andrew Crocker. “We have long advocated for reining in NSA mass surveillance, and the ‘incidental’ collection of Americans’ private communications under Section 702 should be held unconstitutional once and for all.”

For the petition: Click Here


For more on Section 702: Click Here


For more on NSA spying: Click Here