Showing posts with label 702. Show all posts
Showing posts with label 702. Show all posts

Thursday, February 15, 2018

CONYERS: Deep State Disco - FISA & Judiciary


Below is a sample timeline of Conyers' work in Judiciary addressing FISA, 702, Rule 41 and the Intelligence Community operations of surveillance going back to 2013.

FISA oversight was transferred from Judiciary to Foreign Intelligence Committee.








Bipartisan Coalition Presses DOJ About Government Hacking













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Tuesday, January 23, 2018

JUDICIARY: NADLER CRITICIZES HOUSE PASSAGE OF S. 139, THE FISA AMENDMENTS REAUTHORIZATION ACT



Washington, D.C. –Today, the U.S. House of Representatives passed S. 139, the FISA Amendments Reauthorization Act, by a vote of 256 to 164. This bill to reauthorize Section 702 of the Foreign Intelligence Surveillance Act fails to accomplish meaningful reform or provide a significant measure of privacy protections. S. 139 is a flawed bill that is opposed by Members of Congress from both sides of the aisle and by technology companies and by privacy and civil liberties groups across the political spectrum.

In November 2017, H.R. 3989, the USA Liberty Act, a bipartisan bill supported by Ranking Member Jerrold Nadler and Chairman Bob Goodlatte, that reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act to protect both national security and Americans’ civil liberties, passed out of the House Judiciary Committee by a vote of 27 to 8. Instead of giving the USA Liberty Act a full vote on the House floor, House Republican leadership instead chose to rush S. 139 to the floor without engaging the House Judiciary Committee, technology companies, civil society, or other stakeholders.

Ranking Member Jerrold Nadler released the following statement denouncing House passage of the bill:

“I am deeply disappointed in the passage of S. 139, the FISA Amendments Reauthorization Act, which fails to enact meaningful privacy protections for the Section 702 surveillance program, codifies some of the most objectionable practices of the intelligence community, and does so under the disingenuous guise of ‘reform.’

“This legislation continues to allow the FBI access to information, for purely domestic cases, without a warrant in nearly all cases. If the FBI does not have probable cause to believe that someone is committing a crime or that an act of terrorism is being planned, it should not be able to use the Section 702 database to read the private communications of U.S. persons. Those in support of this bill defeated the critical Amash-Lofgren amendment which would have corrected this very issue. 

“I urge my colleagues in the Senate to thoroughly review this issue and to consider the perspectives of the House Judiciary Committee, technology companies, civil society, and other critical stakeholders who were excluded from this conversation by the GOP Majority in the House of Representatives long ago. Congress has a duty to reauthorize Section 702 in a form that respects Americans’ right to privacy as well as safeguards our nation from terrorism—and S. 139 is not the right path forward.” 



This morning, House Intelligence Committee Ranking Member Adam Schiff called for S. 139, the FISA Amendments Reauthorization Act, to be pulled from the House floor during floor debate. Ranking Member Schiff said, “I recommend we withdraw consideration of the bill today to give us more time to address privacy questions that have been raised as well as to get a clear statement from the Administration about their position on the bill.” 



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JUDICARY: Ranking Member Jerrold Nadler’s Floor Statement in Opposition to the FISA Amendments and Reauthorization Act of 2017



I rise in strong opposition to S. 139, the “FISA Amendments and Reauthorization Act of 2017,” which reauthorizes Section 702 of FISA for six years without enacting adequate protections for our privacy.

Supporters of this measure want to convince us a new, incredibly narrow warrant provision actually constitutes reform.  It does not.

Our right to privacy does not begin when the Department of Justice has a fully formed criminal case against us. 

Nor does it begin when prosecutors enter our emails and text messages into evidence against us in court.

The Constitution guarantees far more than this.  Our right to privacy protects us when the government first makes its decision to search our private communications for information it might find useful. 

S. 139 falls well short of this basic guarantee.  We therefore cannot—we must not—support this bill.

Make no mistake: S. 139 is not a “compromise.”  The Judiciary Committee, the technology companies, civil society, and other critical stakeholders were shut out of this conversation long ago.

S. 139 does not include a meaningful warrant requirement.  The rule in this bill does not apply to most searches of the Section 702 database.  It does not apply to a query for any information that “could mitigate a threat,” an exception that threatens to swallow the entire rule. 

And as a result, S. 139 allows the FBI unfettered access to this information, for purely domestic cases, without a warrant. 

And what does that mean, in the era of Jeff Sessions and Donald Trump? 

It means that absolutely nothing stops the Department of Justice from trolling the database for evidence that you use marijuana, or failed to pay your taxes, or may be in the country unlawfully, or possess a firearm that you should not have. 

None of these cases have anything to do with the core purposes of Section 702—and all of them should require a warrant based on individualized suspicion and probable cause.

I agree with Chairman Goodlatte that Section 702 should be reauthorized.  I understand its importance to the intelligence agencies.

But neither of us should support this bill—which pretends at reform while codifying some of the worst practices of the intelligence community.

When we came to Congress, each of us took an oath to defend and protect the Constitution of the United States.  I ask that each of my colleagues honor that oath today—and that we work together to defeat this bill, and to bring the right set of reforms to the floor without delay.

I thank the Speaker and I reserve the balance of my time.

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JUDICIARY FACT SHEET: S. 139, FISA AMENDMENTS REAUTHORIZATION ACT



This Bill Continues Warrantless Access to Email and Phone Calls

Section 702 of the Foreign Intelligence Surveillance Act is a critical national security tool set to expire on January 19, 2018.  With the proper set of reforms in place—changes that preserve its effectiveness while protecting the privacy of Americans swept up into government surveillance — House Judiciary Committee Ranking Member Jerrold Nadler and House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Chairman F. James Sensenbrenner—would fully support its reauthorization.  Such a measure, H.R. 3989, the USA Liberty Act, passed out of the House Judiciary Committee overwhelmingly. 

Tomorrow, the U.S. House of Representatives will consider S. 139, a bill to reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Ranking Member Nadler and Subcommittee Chairman Sensenbrenner will strongly oppose this legislation.

When House Republican leadership announced it would take up S. 139, House Judiciary Committee Ranking Member Jerrold Nadler released the following statement in opposition to the bill:

“This so-called ‘reform’ bill was written by the intelligence community, for the intelligence community, which is why it fails to accomplish any meaningful reform to Section 702 or ensure our constitutional right to privacy—unlike the bipartisan and overwhelmingly supported bill that passed the House Judiciary Committee.

“The new warrant requirement in this bill, such as it is, is a fig leaf for reform and fails to address the vast majority of searches of 702 information. 

“I, along with the many Members from both sides of the aisle who wanted real reform to Section 702, will oppose S. 139, which is a warmed-over version of a bill that has already been panned by companies, as well as the privacy and civil liberties community.  I urge my colleagues to instead support amendments to this bill that would achieve reasonable, meaningful reforms.”

FACT: THE FISA AMENDMENTS REAUTHORIZATION ACT FALLS SHORT

§  It is universally opposed by technology companies and by privacy and civil liberties groups across the political spectrum.

§  The bill fails to consider the core concern of most members—the government’s use of Section 702 information against United States citizens in investigations that have nothing to do with national security. 

§  The warrant “requirement” applies only to fully predicated, official investigations—and not to the hundreds of thousands searches the FBI runs every day, just to run down a lead or check out a tip.  The FBI admits that they will almost never be forced to use a warrant to access your email or phone calls.

§  This requirement applies only to the FBI.  Civil liberties groups are rightfully concerned that other agencies will begin to use this treasure trove of information in immigration, tax, and drug enforcement cases completely unrelated to national security. 

§  As limited as it already is, the warrant provision is riddled with loopholes. It does not apply to any search “related to national security”—but the bill does not define this term, and the government will likely use the ambiguity to allow a large number of purely domestic searches.

§  Similarly, a general exception for information that “could assist in mitigating a threat” could swallow the entire rule.  The Fourth Amendment permits a carefully tailored emergency exception to protect the public—but any search mightassist in mitigating a threat, and this language will permit a wide range of unconstitutional searches.

§  The bill also codifies so-called “about collection,” a type of surveillance that was shut down after it twice failed to meet Fourth Amendment scrutiny.  The concept of “about collection” appears nowhere in the statute.  Pretending to reform it in this manner gives the government permission to continue a practice that sweeps in massive amounts of purely domestic communications.  It makes Section 702 worse, not better.

§  The proposal grants some committees 30 days to review any effort to turn “about collection” back on—but Congress would have no meaningful opportunity to prevent the government from doing so. 

HERE IS WHAT THE GROUPS ARE SAYING

Electronic Freedom Foundation: “Like the earlier bills written by the House Permanent Select Committee on Intelligence, the new proposal does not protect the communications of Americans from these warrantless searches. While we are pleased that the proposal being considered does not contain an “optional warrant requirement,” the new warrant requirement still fails to address the vast majority of 702 searches. The new provision only requires a warrant for a full-blown, predicated criminal investigation, and by the FBI’s own admission, will rarely be used.”

Center for American Progress Action Fund: “S. 139, the FISA Amendments Reauthorization Act of 2017, does not contain the necessary safeguards.  Rather, it would likely provide the government a powerful tool for political spying on Americans.  Recent events make clear that there is a real danger that government surveillance authorities will be used to target political opponents and groups based on their religion, ethnicity or race.  And there is reason to be concerned that section 702 provides an easy means of political spying with little possibility of discovery.” 

Brennan Center for Justice: “[T]he bill permits warrantless searches of Americans’ communications during “assessments” — i.e., investigations that are at an earlier stage. Because the government could still search the 702 data without a warrant at the early stages of its investigations, the FBI acknowledged to lawmakers that the bill’s warrant requirement would rarely apply in practice.”

ACLU: “It leaves the door wide open to abusive surveillance practices that allow the government to search the intimate emails, text messages, and other sensitive data of Americans without a warrant of any kind. This could easily permit Section 702 to be used as a tool to improperly target minorities, government critics, and marginalized communities.”

Open Technology Institute: “The bill could be read to permit unintentional ‘abouts’ collection, and, if ‘abouts’ collection is reauthorized by the Court, to permit the collection of communications that merely reference targets, but do not contain selectors (ex. email addresses and phone numbers) of surveillance targets under Section 702. This would represent a drastic expansion of the most concerning form of Section 702 surveillance.”

Github: “We urge you to stand up for the constitutional rights of your constituents and reject any proposal that does not ensure our communications ... is safe from warrantless surveillance.”

Aspiration Tech, Electronic Frontier Foundation, Freedom of the Press Foundation, Internet Archive: “Section 702, written expressly to allow surveillance of non-U.S. persons not living in the United States, is now used by the NSA to justify its collection of Americans’ emails, chat logs and browser history. ... Please, require any bill that extends Section 702 to include warrant requirements on American communications.”

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Wednesday, January 10, 2018

Monday, January 8, 2018

NADLER STATEMENT ON INTEL 702 BILL TO BE CONSIDERED ON HOUSE FLOOR NEXT WEEK




Washington, D.C. - Earlier today, the House Rules Committee posted notice of a meeting on S. 139, a bill to reauthorize Section 702 of the Foreign Intelligence Surveillance Act.  The proposal is scheduled for consideration by the House next week.  Rep. Jerry Nadler (D-NY), Ranking Member of the House Committee on the Judiciary, issued the following statement in reaction to the bill:

“This so-called ‘reform’ bill was written by the intelligence community, for the intelligence community, which is why it fails to accomplish any meaningful reform to Section 702 or ensure our constitutional right to privacy—unlike the bipartisan and overwhelmingly supported bill that passed the House Judiciary Committee.

“The new warrant requirement in this bill, such as it is, is a fig leaf for reform and fails to address the vast majority of searches of 702 information—and we know this because the FBI admitted as much to us earlier today. 

“I, along with the many Members from both sides of the aisle who wanted real reform to Section 702, will oppose S. 139, which is a warmed-over version of a bill that has already been panned by companies, as well as the privacy and civil liberties community.  I urge my colleagues to instead support any amendment to this bill that would achieve reasonable, meaningful reforms. I urge my colleagues to instead support amendments to this bill that would achieve reasonable, meaningful reforms.”

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Thursday, December 21, 2017

Joint Statement From Attorney General Sessions, FBI Director Wray, DNI Coats, CIA Director Pompeo, And NSA Director Rogers On FISA Section 702 Reauthorization


Reauthorizing Section 702 before it expires is vital to keeping the nation safe. Let us be clear: if Congress fails to act, vital intelligence collection on international terrorists and other foreign adversaries will be lost. The country will be less secure.

There is no substitute for Section 702. If Congress fails to reauthorize this authority, the Intelligence Community will lose valuable foreign intelligence information, and the resulting intelligence gaps will make it easier for terrorists, weapons proliferators, malicious cyber actors, and other foreign adversaries to plan attacks against our citizens and allies without detection. Section 702 has been instrumental in preventing attacks on the homeland and removing terrorists from the battlefield.

To be clear – Congress is not required to make any changes to Section 702. The Intelligence Community conducts and uses 702 collection in a manner that protects the privacy and civil liberties of individuals.  Every single court that has reviewed Section 702 and queries of its data has found it to be constitutional.  The Intelligence Community’s use of Section 702, which permits targeted surveillance only of foreign persons located outside the United States, is subject to extensive oversight and incorporates substantial protections to protect the privacy and civil liberties of individuals.  In short, we believe Congress got it right in 2008 when it passed Section 702 and in 2012 when Congress reauthorized it.  Nevertheless, the Intelligence Community continues to be open to reasonable reforms to Section 702 to further enhance the already-substantial privacy protections contained in the law, but we simply cannot support legislation that would impede the operational efficacy of this vital authority.

We also believe it is important that Congress reauthorize Section 702 before it expires on December 31, 2017.  Although the current Section 702 certifications do not expire until April 2018, the Intelligence Community would need to start winding down its Section 702 program well in advance of that date.  Winding down such a valuable program would force agencies to divert resources away from addressing foreign threats. Short-term extensions are not the long-term answer either, as they fail to provide certainty, and will create needless and wasteful operational complications. We urge Congress, therefore, to act quickly to reauthorize Section 702 in a manner that preserves the effectiveness of this critical national security law before it expires.

Jeff Sessions
Attorney General of the United States
Christopher Wray
Director, Federal Bureau of Investigation
Daniel R. Coats
Director of National Intelligence
Mike Pompeo
Director, Central Intelligence Agency
Admiral Michael S. Rogers
Director, National Security Agency

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Saturday, December 2, 2017

EXCLUSIVE: FBI's Andrew McCabe Demoted



And the moral of the story is, "Do not be mean to my Sweetie."

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Thursday, November 30, 2017

HOUSE JUDICIARY COMMITTEE DEMOCRATS RELEASE STATEMENT AGAINST HPSCI PROPOSED SECTION 702 REAUTHORIZATION BILL



Washington, D.C. - Today, led by Ranking Member Jerrold Nadler (D-NY), House Judiciary Committee Democratic Representatives Shelia Jackson Lee (D-TX), Ted Deutch (D-FL), David Cicilline (D-RI), Ted Lieu (D-CA), and Jamie Raskin (D-MD) released the following joint statement expressing their strong opposition to the House Permanent Select Committee on Intelligence (HPSCI) proposed Section 702 legislation:

“Section 702 of the Foreign Intelligence Surveillance Act is an incredibly powerful surveillance authority and a critical tool for the intelligence community.  We believe that the responsible thing to do is to reauthorize Section 702 before it expires at the end of the year—provided that we also reform the statute to address our core concerns about privacy and due process.

“Late last night, the House Intelligence Committee released a bill, below, that purports to ‘protect American’s privacy rights while retaining the program’s effectiveness in combatting terrorism.’  That characterization is clearly mistaken.

“The HPSCI bill is a dangerous expansion of the government’s ability to spy on United States citizens.  It does little to prevent the FBI from using Section 702 against us in court.  It does even less to prevent the NSA from engaging in so-called ‘about’ collection—a practice that the FISA court has twice found unconstitutional.  Perhaps most frightening, the bill makes a subtle change that would, for the first time, allow the government to aim these surveillance programs directly at Americans.  Nobody should find these ‘reforms’ acceptable.  Nobody should consider this bill ‘reform’ at all.

“Earlier this month, the House Judiciary Committee passed H.R. 3989, the USA Liberty Act, with a bipartisan vote of 27-8.  Although far from perfect, our legislation stands apart from the HPSCI bill in two key aspects: it makes meaningful reforms to Section 702, and it actually stands a chance of passage in the House.  HPSCI should abandon its effort to undo key protections and work with the House Judiciary Committee to pass legislation that reflects the consensus view of the U.S. House of Representatives.”

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Day 40.8 Carpenter vs. US

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Tuesday, November 14, 2017

CONYERS: Statement On Oversight Of The U.S. Department Of Justice Hearing With Attorney General Jeff Sessions



Dean of the U.S. House
of Representatives
John Conyers, Jr.
Thank you, Mr. Chairman.

In the ordinary course of business, any one of a dozen topics related to the Department of Justice would be worthy of its own hearing.

And, to be clear, I would rather spend our time today discussing the upkeep of the criminal justice system, the enforcement of civil rights, and the work we must all do to ensure access to the ballot box.

Instead, we must spend our time debating the troubles of a wayward Administration: how the Attorney General conducts himself before Congress, how President Trump undermines the integrity of the justice system, and how the Department continues to ignore the oversight requests of this Committee.

Although this is the Attorney General’s first appearance before the House, he has already made three visits to our colleagues in the Senate.

At his confirmation hearing, he testified that he “did not have communications with the Russians.” 

Last month, he testified that “a continuing exchange of information between Trump’s surrogates and intermediaries for the Russian government . . . did not happen, at least to my knowledge, and not with me.”

We know now, of course, that neither of those statements is true.

Shortly after the Attorney General made the first comment, the Washington Post reported that he met with the Russian Ambassador at least twice during the campaign.

In the past month, we have also learned that the Attorney General must have been very much aware of a continuing exchange of information between the Trump campaign and the Russian government. 

In charging documents unsealed last month, George Papadopoulos—a foreign policy advisor to the Trump campaign—admits to extensive communications with Russian contacts.

At a March 31, 2016 meeting of the campaign’s National Security Advisory Committee—attended by candidate Trump, and chaired by Senator Sessions—Mr. Papadopoulos stated, “in sum and substance, that he had connections that could help arrange a meeting between then-candidate Trump and President Putin.”

It does not matter, as has been reported, that the Attorney General remembers this meeting after the fact—remembers it so vividly, in fact, that two unnamed sources say the Senator “shut George down.”

Under oath, knowing in advance that he would be asked about this subject, the Attorney General gave answers that were, at best, incomplete.

I hope the Attorney General can provide some clarification on this problem in his remarks today. I also hope that he can assure us that the Department is weathering near-daily attacks on its independence by President Trump—and that no office of the Department is being used to pressure the President’s political enemies.

In recent months, President Trump has attacked the “beleaguered” Attorney General, and criticized his “VERY weak position on Hillary Clinton crimes.”

The President has talked openly about firing the leadership of the Department—including the Attorney General, the Deputy Attorney General, the former Acting Director of the FBI, and Special Counsel Robert Mueller.

He did fire former FBI Director Comey—in his own words, “because of that Russia thing with Trump and Russia”—as well as acting Attorney General Sally Yates and all 46 sitting U.S. Attorneys.

Last year, he denigrated a federal judge because of his “Mexican heritage.”

Judge Curiel was born in Indiana, by the way.

Last month, in a radio interview, President Trump said he was “very unhappy” with the Justice Department. 

Hours later, he proclaimed the military justice system “a complete and total disgrace.”

But the one that sticks with me is the President’s July interview with the New York Times.

In that interview, he begins by, once again, attacking the Attorney General’s credibility. “Sessions never should have recused himself,” the President complains.

Then the conversation takes a sinister turn: “When Nixon came along . . . out of courtesy, the FBI started reporting to the Department of Justice.

But the FBI person really reports directly to the president of the United States.”

He goes on: “I could have ended [the Flynn investigation] just by saying—they say it can’t be obstruction because you can say, ‘It’s ended. It’s over. Period.’”

As is often the case, the President requires some correction.

The Director of the FBI reports directly to the Attorney General, and has since the founding of the Bureau.

It can be obstruction of justice, if the President orders an investigation closed with a corrupt motive.

But what strikes me about these comments is the President’s view that the criminal justice system serves him—and not the public.

President Trump seems to believe that, on a whim, he can bring pressure to bear on his enemies, dismiss charges against his allies, and insulate himself and his family from any consequence. I cannot overemphasize the danger this perspective poses to our republic.

I have served on this Committee long enough to remember another President who shared this view. I was, myself, on Richard Nixon’s enemies list.

And although we worked to hold that Administration accountable, our work is not complete.

We must all remember our common responsibility to prevent that kind of abuse from happening again. I will look to the Attorney General’s partnership in this effort—but I have begun to worry about his resolve.

Last night, in a letter sent by the Department to Chairman Goodlatte—without so much as a copy to the Ranking Member, by the way—the Assistant Attorney General seems to leave the door open to appointing a new special counsel to cater to the President’s political needs.

The fact that this letter was sent to the Majority, without the customary and appropriate notice to me, indicates that the charge given to Department officials to evaluate these issues has political motivations.

Now, in his own words, the Attorney General is recused “from any questions involving . . . investigations that involve Secretary Clinton.”

Further, we cannot refer an investigation to a second special counsel if we lack the evidence to predicate a criminal investigation in the first place.

Virtually every Clinton-related matter that President Trump complains about has been well-litigated, carefully examined, and completely debunked.

Still, to quote former Attorney General Michael Mukasey, “putting political opponents in jail for offenses committed in a political setting . . . is something that we don’t do here.”

The threat alone resembles, in his words, “a banana republic.”

Finally, there is the matter of routine oversight between hearings.

In the recent history of this Committee, new attorneys general usually come to see us within two or three months of taking office.

No attorney general in recent memory has taken more than six months before making an appearance here.

Attorney General Sessions has broken that norm—he has had more than ten months to settle in—making our communications with the Department between hearings that much more important.

To date, my colleagues and I have sent more than forty letters to the Trump Administration asking for information necessary to carry out our oversight responsibilities.

We have sent more than a dozen of these letters directly to the Attorney General. To date, we have not received a single substantive response.

We can disagree on matters of policy, Mr. Attorney General—but you cannot keep us in the dark forever.

When we make a reasonable oversight request, we expect you to reply in a prompt and responsive manner. I hope you can explain why your Department has chosen to ignore these letters.

More importantly, I hope that you will be more forthcoming with your answers—both in your testimony today and in the weeks to come.

I look forward to your testimony, and I yield back the balance of my time.

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Wednesday, November 8, 2017

CONYERS: House Judiciary Committee Approves Bipartisan Bill to Reform and Reauthorize Surveillance Program




Washington, D.C. – The House Judiciary Committee today approved by a vote of 27-8 the USA Liberty Act (H.R. 3989), a bipartisan bill that reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA) to protect both national security and Americans’ civil liberties. The bill was introduced last month by House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers, Jr. (D-Mich.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Representative John Rutherford (R-Fla.), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerrold Nadler (D-N.Y.).

The USA Liberty Act preserves the core purpose of Section 702: the collection of communications by targeting non-U.S. persons located outside the U.S. in order to identify and thwart terrorist plots against our nation and our citizens. The bill also creates a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles enshrined in our Constitution that protect individual liberty. It provides new accountability measures to address the unmasking of U.S. persons’ identities and new reporting requirements on the number of U.S. persons who have been swept up in Section 702 collection. The bill also enhances national security by increasing penalties for those who leak classified information and calling on the intelligence agencies to share information with each other and with our allies to combat terrorism. A summary of the bill can be found. below.

Below are statements from Judiciary Committee leaders on today’s Committee passage of the USA Liberty Act.

Dean of the U.S. House
of Representatives
John Conyers, Jr.
Ranking Member Conyers: “For months, we have examined Section 702 and have reached consensus that Section 702 should be reauthorized if it can be brought better in line with values like privacy, transparency, and due process. The USA Liberty Act does just that. I’m proud of our bipartisan work to move this bill forward. The USA Liberty Actprovides both security and privacy, and gives the government the tools it needs while bringing these programs back in line with our core values.  I look forward to continuing to work in a bipartisan fashion to ensure that this bill passes the House of Representatives.”

Chairman Goodlatte: “The USA Liberty Act is a carefully drafted, bipartisan bill that protects Americans’ lives and their civil liberties. This bill reauthorizes a critical national security tool that keeps Americans safe, FISA Section 702, but also reforms it to protect Americans’ constitutional rights. It contains more accountability, transparency, and oversight so that the American people have confidence that our cherished liberties continue to be protected as the intelligence community keeps us safe from foreign enemies wishing to harm our nation and citizens. The bill also contains a number of measures to further enhance national security so that our country remains free and safe.

“As FISA Section 702 is set to expire at the end of the year, the USA Liberty Act is the best legislative solution to preserve this important national security tool while also providing for much needed reforms. I urge the House to vote on the USA Liberty Act soon so that the intelligence community is able to identify and thwart terrorist plots while Americans’ constitutional rights are better protected.”

Crime Subcommittee Chairman Sensenbrenner: “Finding the right balance between privacy rights and national security will be an ongoing challenge, especially because of the constant development of new and innovative technologies. It will require sustained attention from Congress and our intelligence communities, which is why the USA Liberty Act is critical. This bipartisan legislation balances privacy and security by requiring greater oversight, transparency, and accountability of the government’s surveillance powers while enabling our intelligence community to continue to utilize tools to keep Americans safe. It’s a measured balance between competing interests, and I look forward to it moving quickly through the legislative process.”

Crime Subcommittee Ranking Member Jackson Lee: “The USA Liberty Act protects our national security while enhancing congressional oversight and transparency of the information gathering process. Nothing in this bill will undermine the intelligence community’s ability to gather foreign intelligence information or detect threats to the homeland. Instead, this bill will create a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles of privacy and due process.”

Representative Rutherford: “FISA is essential to our national security, but we must ensure that we also safeguard Americans’ civil liberties. The USA Liberty Act improves privacy protections for our citizens, while also maintaining national security. This important legislation appropriately balances privacy and security by requiring greater oversight and accountability. I thank my colleagues on both sides of the aisle for supporting this important piece of legislation and look forward to it being voted on by the entire House.”

IP Subcommittee Ranking Member Nadler: “The USA Liberty Act represents a real, bipartisan effort at instituting needed reforms to the 702 program, striking the appropriate balance of giving our intelligence agencies the tools they need to keep us safe while making sure individual liberty and privacy rights are better protected. It is critical that we are careful not to permit national security needs to outweigh and overrun the individual’s constitutional rights, which is why these reforms are so necessary and important. For the first time, the bill introduces a requirement for a warrant—based on probable cause—for criminal investigators to query 702-obtained information. In addition, the USA Liberty Act significantly curbs the amount of incidental information that can be searched, and, most importantly, institutes critical operational norms for the 702 program that make it more accountable, more transparent, and ultimately more effective. This legislation makes substantial progress in reforming government surveillance under Section 702, and I want to thank Chairman Goodlatte and Ranking Member Conyers for working in good faith on the USA Liberty Act. Congress will continue to play an important role in ensuring sufficient protections are in place for Americans’ individual privacy, and I look forward to being a part of that process going forward.”

Background: FISA Section 702, which will expire on December 31, 2017, authorizes surveillance of the communications of non-U.S. persons located outside of the United States in order to protect national security. It reportedly contributes to a quarter of all National Security Agency surveillance and has been used on multiple occasions to detect and prevent horrific terrorist plots against our country. Although Congress designed this authority to target non-U.S. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do incidentally collect information about U.S. persons when U.S. persons communicate with the foreign targets of Section 702 surveillance.
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CONYERS: Judiciary Statement On Markup Of H.R. 3989, The USA Liberty Act


Dean of the U.S. House
of Representatives
John Conyers, Jr.
Thank you, Mr. Chairman.  I want to begin by acknowledging the opposition to this bill.

There are many in the civil liberties community who fear that H.R. 3989, the USA Liberty Act, does not accomplish every reform we had hoped to see. 

They are rightly concerned that the government has used the Foreign Intelligence Surveillance Act in ways that Congress had never contemplated, and that the public would never tolerate. 

Others fear the bill goes too far.  For the most part, these critics are patriots charged with keeping us safe, and whose greatest fear is somehow falling short in that responsibility.
           
To those in the civil liberties community, I would point to all of the good work done in this bill.

For years, our members have expressed concern that information collected under Section 702 is repurposed for criminal investigations and other projects that have nothing whatsoever to do with national security. 

This bill will end that practice.  If a law enforcement agency wants  access to this information, they must first obtain a warrant based on individualized suspicion and probable cause.

We have also, for years, opposed so-called “about” collection—the gathering of communications that simply mention foreign targets—both because Congress never intended for Section 702 to be used that way, and because it swept in so much unrelated content. 

Twice, the FISA court has taken a hard look at “about” collection.  Twice, the court found it deficient on Fourth Amendment grounds, taking the government to task for an institutional “lack of candor” that allowed the deficiencies to persist for years without correction. 
           
In March, faced with the prospect of losing Section 702 altogether, the NSA voluntarily ended the practice.  Our bill would prohibit that type of surveillance by law.

The bill also creates a new regime of transparency and accountability. 

It encourages the court to appoint an amicus to its annual hearings on Section 702—someone to push back against the government’s more creative legal arguments. 

Any agency that has access to Section 702 information must publish their minimization procedures. 

The government will owe both Congress and the public a never-before-seen level of detail about how they use this statute. 

Have we accomplished every reform I had hoped to see?  We have not. 

But this legislation represents real, achievable, substantive reform. 

I am proud of this work, and Chairman Goodlatte and I will fight to protect this package of reforms as it makes its way to the floor.

To the men and women of the intelligence community, I would point to the extraordinary lengths we have taken to ensure that you have the tools you need to analyze foreign intelligence information.

I know that many are uncomfortable with the prospect of reform—any reform—not because they want to spy on Americans, but because they want to protect us from real and present threats to our country.

But there is a reason that it falls to this Committee—and not to the intelligence committees, or to the agencies themselves—to build the legal framework for these powerful surveillance authorities. 

In this room, a step or two removed from the urgency of every threat that comes across the screen, we can have an honest conversation about how these authorities accord with our values. 

That is precisely what has happened here.  For months, we have examined Section 702 in a sober and serious light.  We have heard from government agents, legal experts, technology and communication companies, and the best of civil society.

At the end of our discussion, we have reached consensus that Section 702 should be reauthorized—but if, and only if, it can be brought better in line with values like privacy, transparency, and due process.

Which brings me to my concluding thought: 

When we discuss powers and programs like these, it can be tempting to frame the discussion as balancing act between security and privacy.

I find that framing a false choice.

The central thesis of the USA Liberty Act is that we can have both security and privacy.  We can give the government the tools it needs and do so in a way that better respects our core values.

We proved that we could do so in the last Congress, when we worked together to pass the USA Freedom Act.

We will do so again today.

I want to thank the Chairman for his leadership on this issue. 

I also want to thank each of the original cosponsors of this bill—Democrats and Republicans alike—for lending their support to this important project. I urge my colleagues to support this legislation, and I yield the balance of my time.

Voting is beautiful, be beautiful ~ vote.©

Saturday, October 7, 2017

CONYERS, GOODLATTE and Judiciary Committee Members Introduce the USA Liberty Act




Washington, D.C. – House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.)Ranking Member John Conyers, Jr. (D-Mich.),  Chairman Bob Goodlatte (R-Va.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerrold Nadler (D-N.Y.) today introduced the USA Liberty Act (H.R. 3989). This bipartisan bill reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire at the end of this year, to protect both national security and Americans’ civil liberties.

The USA Liberty Act preserves the core purpose of Section 702: the collection of communications by targeting non-U.S. persons located outside the U.S. in order to identify and thwart terrorist plots against our nation and our citizens. The bill also creates a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles enshrined in our Constitution that protect individual liberty. It provides new accountability measures to address the unmasking of U.S. persons’ identities and new reporting requirements on the number of U.S. persons who have been swept up in Section 702 collection. The bill also enhances national security by increasing penalties for those who leak classified information and calling on the intelligence agencies to share information with each other and with our allies to combat terrorism.
Below are statements from Judiciary Committee leaders on the introduction of the USA Liberty Act.

Ranking Member Conyers: “Section 702 of the Foreign Intelligence Surveillance Act is essential to the intelligence community’s gathering of foreign intelligence and detecting threats to the homeland.  Its reauthorization should include reforms that bring this authority better in line with our sense of privacy and due process.  Indeed, we believe that it will only be possible to reauthorize Section 702 with such reforms in place. The bipartisan USA Liberty Act is designed to accomplish this goal.”

Chairman Goodlatte: “The USA Liberty Act protects Americans’ lives and their civil liberties. This bipartisan bill reauthorizes a critical national security tool that keeps Americans safe but also reforms it to protect Americans’ constitutional rights. It contains more accountability, transparency, and oversight so that the American people have confidence that our cherished liberties continue to be protected as the intelligence community keeps us safe from foreign enemies wishing to harm our nation and citizens. The bill also contains a number of measures to further enhance national security so that our country remains free and safe. I thank the many members who have worked on this bill for months and look forward to bringing it up in the House Judiciary Committee soon.”

Crime Subcommittee Chairman Sensenbrenner: “The USA Liberty Act is carefully crafted, bipartisan legislation that represents the type of common sense compromise that we desperately need in this country. It balances privacy and security concerns by requiring greater oversight, transparency, and accountability of the government’s surveillance powers while limiting the incidental collection of Americans’ communications and requiring a court order to query data. It also puts in place a critical six-year sunset provision, allowing Congress to respond appropriately to the ever-changing threats facing our nation. This is smart, forward-leaning legislation that I urge my colleagues to get behind.”

Crime Subcommittee Ranking Member Jackson Lee: “Collectively, what Democrats and Republicans have agreed on is a strategy that secures the homeland, while preserving cherished liberties that still make America the envy of the world.”

IP Subcommittee Ranking Member Nadler: “The USA Liberty Act is an attempt to strike the appropriate balance, as we did in the USA Freedom Act, of giving our intelligence agencies the tools they need to keep us safe while making sure individual liberty and privacy rights are better protected. For the first time, the bill institutes a requirement for a warrant—based on probable cause—for criminal investigators to query the information obtained by the 702 program. In addition, this legislation significantly curbs the amount of incidental information that can be searched, and, most importantly, institutes critical operational norms for the 702 program that make it more accountable, more transparent, and ultimately more effective in striking the critical balance between national security needs and the individual’s constitutional rights. I want to thank Chairman Goodlatte and Ranking Member Conyers for working in good faith on the USA Liberty Act, which goes a long way in reforming government surveillance under Section 702.”

Additional original cosponsors of the bill include Representatives Lamar Smith (R-Texas), Steve Chabot (R-Ohio), Doug Collins (R-Ga.), Mike Johnson (R-La.), John Rutherford (R-Fla.) Hank Johnson (D-Ga.), Ted Deutch (D-Fla.), and Jamie Raskin (D-Md.).

Background: FISA Section 702, which will expire on December 31, 2017, authorizes surveillance of the communications of non-U.S. persons located outside of the United States in order to protect national security. It reportedly contributes to a quarter of all National Security Agency surveillance and has been used on multiple occasions to detect and prevent horrific terrorist plots against our country. Although Congress designed this authority to target non-U.S. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do incidentally collect information about U.S. persons when U.S. persons communicate with the foreign targets of Section 702 surveillance.


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