easyt65
Diamond Member
- Aug 4, 2015
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There is renewed momentum in Congress for broad reforms to surveillance laws beyond the PATRIOT Act, especially following the December 2019 release of the report by the Justice Department’s top watchdog that found problems with the Department of Justice application to wiretap Carter Page— who had previously served as President Donald Trump’s campaign aide—as part of an investigation into Russian interference in the 2016 presidential election. The report is a timely contribution to the reauthorization debate, spotlighting issues with a related provision of national security surveillance law, and with the oversight systems for national security surveillance. As Congress considers how to make national security surveillance more accountable, it should broadly examine problems with surveillance powers and the checks currently in place to guard against abuse, and pursue remedies accordingly.
Over the last four decades, the government’s national security surveillance powers have increased significantly; whenever Congress passes a new law to further this expansion, as it did with the PATRIOT Act, it’s building onto FISA.
WHAT IS EXPIRING IN MARCH 2020:
Three provisions from the PATRIOT Act and related surveillance laws with “sunset” clauses—which require Congress to renew them regularly:
1. ROVING WIRETAPS
This provision gives the govt the authority to issue one surveillance order for a target that is intermittently using multiple communications identifiers, such as 'burner' (cheap, disposable) phones
2. THE 'LONE WOLF' PROVISION
This provision allows the government to monitor a foreign national who is suspected of aiding international terrorism but is not connected to a terrorist organization. As far as it is known this provision has never been used.
3. SECTION 215
This provision gives the government immense power to demand records from companies for national security investigations.
** The National Security Agency (NSA) previously used Section 215 to engage in nationwide bulk collection of phone records, a gross misapplication beyond what Congress authorized the law to do.
-- Former NSA Director James Clapper committed perjury by denying the NSA was doing this while testifying before Congress. Democrats prevented his Indictment by quickly calling him back before Congress to 'amend' his testimony after evidence came out that the NSA was doing this.
The most dangerous of these provision, IMO, to the American people and to their Constitutional Rights is the Section 215 and the mass bulk collection of US citizen metadata.
The Supreme Court ruled that the Fourth Amendment requires law enforcement to obtain a warrant for electronic location tracking—specifically for cellphone location tracking—but left many details ambiguous. Many provisions of FISA, notably Section 215, could allow the government to demand location records that reveal Americans’ most sensitive activities and interactions.
What to Expect for the PATRIOT Act Reauthorization
Over the last four decades, the government’s national security surveillance powers have increased significantly; whenever Congress passes a new law to further this expansion, as it did with the PATRIOT Act, it’s building onto FISA.
WHAT IS EXPIRING IN MARCH 2020:
Three provisions from the PATRIOT Act and related surveillance laws with “sunset” clauses—which require Congress to renew them regularly:
1. ROVING WIRETAPS
This provision gives the govt the authority to issue one surveillance order for a target that is intermittently using multiple communications identifiers, such as 'burner' (cheap, disposable) phones
2. THE 'LONE WOLF' PROVISION
This provision allows the government to monitor a foreign national who is suspected of aiding international terrorism but is not connected to a terrorist organization. As far as it is known this provision has never been used.
3. SECTION 215
This provision gives the government immense power to demand records from companies for national security investigations.
** The National Security Agency (NSA) previously used Section 215 to engage in nationwide bulk collection of phone records, a gross misapplication beyond what Congress authorized the law to do.
-- Former NSA Director James Clapper committed perjury by denying the NSA was doing this while testifying before Congress. Democrats prevented his Indictment by quickly calling him back before Congress to 'amend' his testimony after evidence came out that the NSA was doing this.
The most dangerous of these provision, IMO, to the American people and to their Constitutional Rights is the Section 215 and the mass bulk collection of US citizen metadata.
The Supreme Court ruled that the Fourth Amendment requires law enforcement to obtain a warrant for electronic location tracking—specifically for cellphone location tracking—but left many details ambiguous. Many provisions of FISA, notably Section 215, could allow the government to demand location records that reveal Americans’ most sensitive activities and interactions.
What to Expect for the PATRIOT Act Reauthorization