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ACLU and EFF Endorse Weaker USA Freedom Act Passed By Committee

First time accepted submitter sumakor (3571543) writes "The House Judiciary Committee has advanced a weakened version of the USA Freedom Act (HR3361). The amended compromise version allows collection of phone call records up to two hops away from a target, potentially including millions of customer records, and allows for collection without a judge's order in emergency cases. The amended bill also drops the requirement for a privacy advocate who can appeal the rulings of the Foreign Intelligence Surveillance Court and extends the controversial Section 215 of the Patriot Act from 2015 through 2017.

Despite these significant changes the amended bill has been endorsed by the ACLU and the EFF as a first step and the most promising path towards reigning in government surveillance. The two organizations called for further Congressional measures to tighten control of surveillance authorities including an explicit definition of the term 'selector,' a reduction in the number of hops from 2 to 1 under most circumstances and the closing the loophole that allows searches of Americans' data inadvertently collected thru Section 702.

The bill now proceeds to the House Intelligence Committee, who has advanced its competing bill, the FISA Transparency and Modernization Act (HR 4291). The committee will mark up both bills on the same day, beginning at 10am Thursday, behind closed doors."

34 of 107 comments (clear)

  1. Two things... by CrimsonAvenger · · Score: 5, Informative

    1) This bill basically changes nothing - they can do whatever they want by declaring an "emergency", and there is no effective oversight.

    2) "Reining in", NOT "reigning in". The expression refers to slowing horses down, not kings at home.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
    1. Re:Two things... by NotDrWho · · Score: 3, Insightful

      I would add:

      3) It doesn't fucking matter what they pass anyway, since neither Congress nor the President has any real oversight of the CIA or NSA, or any way of knowing if they're breaking the law or stopping them if they are.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    2. Re:Two things... by Desler · · Score: 2

      But they already have this "emergency" power. They can get backdated warrants from the FISA court now in emergencies. If they couldn't possibly obtain the after-the-fact rubber stamp then they clearly shouldn't be doing the survellience. This bill is a joke and so are these groups endorsing it.

    3. Re:Two things... by Unknown1337 · · Score: 2

      Sadly your 1) is correct. If they tried to introduce this today as a new idea, the people would never have it. Allowing an easy bypass (not even a loophole yet to be exploited) to anything guarantees that it will become the norm and not the exception it was intended to be. We already have examples such as the NSA denial of FOIA requests simply because what they have (or don't have) on you /could/ be useful to someone or anyone with the slightest of misguided thoughts.

    4. Re:Two things... by Andrewkov · · Score: 5, Insightful

      We are in a constant state of emergency due to the war on terror.

    5. Re:Two things... by NotDrWho · · Score: 5, Insightful

      The whole "emergency" thing is just an excuse that exploits the widespread belief that the CIA/NSA frequently face scenarios where the clock is ticking and Jack Bauer/James Bond MUST get someone's phone data RIGHT NOW or PEOPLE ARE GOING TO DIE IN 20 MINUTES!!!! The fact that such scenarios almost never occur in real life is irrelevant, since the public doesn't know that.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    6. Re:Two things... by Anonymous Coward · · Score: 2, Insightful

      The problem is that generally voters HATE congress, but LOVE their congressman.

    7. Re:Two things... by meta-monkey · · Score: 2

      My senator Bill Nelson is shit. When the spying scandals broke last summer, I wrote to urge him to oppose the general warrants being issued by the NSA. Nelson sent me back some letter about how it's all legal and has oversight but that he "understand my concerns."

      On the other hand, my congressman, Ted Yoho, wrote back agreeing with me and was one of the people voting to defund the NSA's collection operations.

      Since he's actually doing the things I want, do I like my congressman? Yes. Would you rather have me vote for someone who doesn't oppose the NSA's activities? Why shouldn't I like my incumbent congressman?

      --
      We don't have a state-run media we have a media-run state.
    8. Re:Two things... by GargamelSpaceman · · Score: 4, Interesting

      Bill is a joke

      Yeah, even though the bill doesn't seem to grant more power to the government than it has already grabbed for itself, having a law around what was illegally done, legitimizes it after the fact, and puts the onus to create new law forbidding the abuses on those who would end them.
      and so are the groups that endorse it

      Except that the bill at least defines what can and can not be done. The status quo is no definition which means it's free to slide anywhere, by not being prosecuted crimes become norms.

      One of the biggest things they should hash out in the courts IMHO is the idea that copying data to a hard drive and not having humans look at it is somehow not unreasonable search. A machine you operate needs to be considered your agent, as machines will only get more intelligent. Indexing is understanding and machines do this. If your agents understand the information gleaned, then the information has been effectively searched. To obtain a copy of information your machine agents have had to handle every bit of the information and save it. Having a copy is the most basic version of understanding information. It equals search. Indexing just compounds the crime.

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      ...
    9. Re:Two things... by erikkemperman · · Score: 3, Insightful

      Precisely. In fact, blame Hollywood at least as much as Washington. There's way more fictional terrorists and serial killers and so on than real ones. And they need the public to be much more afraid than is actually warranted, or they might push back against some of this madness.

      I reserve a dedicated level of contempt especially for their fusion: the military-entertainment complex. Pentagon sponsoring series and films -- with strings attached of course so effectively outsourced propaganda -- has a much broader effect than just those productions. Companies might keep their content government-friendly for fear of missing out on future projects' funding.

      Fear is the mind killer.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    10. Re:Two things... by Jason+Levine · · Score: 2

      Yeah, even though the bill doesn't seem to grant more power to the government than it has already grabbed for itself, having a law around what was illegally done, legitimizes it after the fact

      It's the old "try to get 10X and then 'compromise' on 5X' scenario. We've seen it with the RIAA when they lobby for draconian copyright laws and then "compromise" on less-restrictive (but still very pro-big-business/anti-consumer) copyright laws. The NSA did a huge thing that is legally sketchy at best. So they "generously" offer to scale back in exchange for the scaled back program being declared legal. After people accept that as the new normal, they go back to pushing the boundaries of what they can do and, if caught, will just forge a new "compromise" that still advances their operations.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    11. Re:Two things... by Kilo+Kilo · · Score: 2

      He was making a generalization, but there is a valid point in there. Most people will blindly reelect their congressman because they bring home pork for their district even if they voted for the Kill Puppies, Spy on Americans and Piss in the Drinking Water Act. Your congressman seems to be an exception because he actually cares about stuff like this.

  2. More Doublespeak by Anonymous Coward · · Score: 2, Informative

    Please note that the Orwellian title of this bill, as opposed to what is really in it.

    1. Re:More Doublespeak by ComputersKai · · Score: 2

      And the whole "War on Terror", noticeably. The people are in a constant state of "fear", which the government uses to control the populace.

  3. "Freedom Act" by GameboyRMH · · Score: 4, Insightful

    Holy hell look at that name...this bill must be full of draconian nightmare laws!

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:"Freedom Act" by NotDrWho · · Score: 5, Funny

      I've always said that when the bill to re-institute slavery comes, it will be called the "Full Employment and Housing for Minorities Act."

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    2. Re:"Freedom Act" by GargamelSpaceman · · Score: 2

      Yeah, you can tell what the bill does by the title: it's generally the opposite.

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      ...
    3. Re:"Freedom Act" by Trailer+Trash · · Score: 2

      Holy hell look at that name...this bill must be full of draconian nightmare laws!

      Bingo. We name our laws using the same methods that communists use to name their totalitarian hell-holes.

    4. Re:"Freedom Act" by Hillgiant · · Score: 4, Funny

      Finally a jobs bill that republicans can get behind.

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      -
    5. Re:"Freedom Act" by Opportunist · · Score: 4, Funny

      Slavery? Are you fucking nuts? You have to house and feed slaves, did you look recently at the housing cost in most areas? Wages are way cheaper!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Doesn't do a thing really by jonwil · · Score: 4, Insightful

    The only way to stop this mess is to completly outlaw ANY logging or surveillance by ANY agency (FBI, CIA, NSA, DEA, Homeland Security or whoever else) or by ANY private company on behalf of the government except where the surveillance or logging is being done on a specific identifiable entity (e.g. a Facebook account or a Google account or an ISP account or a cellphone number/account or whatever) AND a judge has granted a warrant.

    Even the worst possible hypothetical attack (e.g. a terrorist with a nuclear bomb powerful enough to turn the entire eastern seaboard into a smoking crater) is not bad enough to justify any kind of monitoring, surveillance or logging of the communications of people who have not been classified as a threat by an independent judge.

  5. No limits at all really... by sjbe · · Score: 3, Insightful

    The amended compromise version allows collection of phone call records up to two hops away from a target, potentially including millions of customer records, and allows for collection without a judge's order in emergency cases. The amended bill also drops the requirement for a privacy advocate who can appeal the rulings of the Foreign Intelligence Surveillance Court and extends the controversial Section 215 of the Patriot Act from 2015 through 2017.

    This is the "weaker" version? This basically is a bill with no limits.

    Two hops? That just means if you ever called the phone company, a utility, UPS/Fedex etc then they can "hop" to you. It's no real limitation at all. It also means that they can just declare something an emergency whenever they want. No real oversight. No advocate for the citizenry.

    1. Re:No limits at all really... by AHuxley · · Score: 2

      Its one more step to a new domestic parallel construction becoming legal.
      Telcos get retroactive immunity.
      2 hops with no real court support is now not illegal.
      A lot of color of law to out pace the Fourth Amendment.
      Thats the fun legal aspect to been to told to think back to some 'event' and watch your laws get altered.
      With every generation of legal staff seeing or been told about emergency cases, all protections are reduced for decades until the next emergency.
      The laws still stand just some cases will not exist in the same legal setting.
      You enter a secret court where it has been decided that you won't get a Fourth Amendment, have to pay for a security cleared lawyer and that lawyers conversation with you will be recorded.
      Evidence is something your cleared lawyer can see but never mention in public, tell you about or contest in any court setting.
      The Fourth Amendment still exists, just not in court set up for you :)

      --
      Domestic spying is now "Benign Information Gathering"
  6. The oversight doesn't care by sjbe · · Score: 5, Insightful

    since neither Congress nor the President has any real oversight of the CIA or NSA

    I think the President has a very good idea what the NSA is up to since the reports they generate ultimately come to him and his direct reports. I'm pretty sure the Congressional leadership also has a fairly good idea what is going on. However I do not think their interests align with those of the citizenry and so they have little to no incentive to exercise what you or I would consider proper oversight. They benefit from the violation of our civil rights.

    1. Re:The oversight doesn't care by Impy+the+Impiuos+Imp · · Score: 3, Insightful

      I'm sure people whisper in their ears, "Ya know, if there's a terrorist attack and the biggest thiing you and your party did recently was make it harder for the NSA, well, what will the voters think?"

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  7. well by Charliemopps · · Score: 2

    This bill sucks... and I wondered "Why would the ACLU support this?" But when you really think about it, if your neighbor had a vicious attack dog and you wanted him to take it to the pound, and he came to you and said "Well, I got this $4 leash and tied him to a tree..." are you going to say "Absolutely not!" No, you're going to thank him, wait a few days and then continue to pester him to get rid of the dog. Some restraint is better than none. I suspect the NSA will completely ignore this legislation and the ACLU will use it as legal leverage to file lawsuits and try to reveal more evidence of what they're up to.

  8. The US government... Give a micron... by Chas · · Score: 3, Informative

    Take whatever the fuck they want.

    They can basically operate however they want until someone snitches on them.

    At that point, there's a big kerfuffle in DC as people dive out of the line of fire. Then...nothing.

    Shortly afterwards, the informant is renditioned or flees and is declared an enemy of the state.

    --


    Chas - The one, the only.
    THANK GOD!!!
  9. Perfect Solution Fallacy by EmagGeek · · Score: 2

    The perfect solution fallacy is an informal fallacy that occurs when an argument assumes that a perfect solution exists and/or that a solution should be rejected because some part of the problem would still exist after it were implemented. This is an example of black and white thinking, in which a person fails to see the complex interplay between multiple component elements of a situation or problem, and as a result, reduces complex problems to a pair of binary extremes.

    It is common for arguments which commit this fallacy to omit any specifics about exactly how, or how badly, a proposed solution is claimed to fall short of acceptability, expressing the rejection in vague terms only. Alternatively, it may be combined with the fallacy of misleading vividness, when a specific example of a solution's failure is described in emotionally powerful detail but base rates are ignored (see availability heuristic).

    The fallacy is a type of false dilemma.

    http://en.wikipedia.org/wiki/N...

  10. The ACLU would have more credibility... by argStyopa · · Score: 2

    ...if they aggressively pursued all Bill of Rights violations by the government, not just those of the Constitutional Rights that they particularly happen to agree with.

    --
    -Styopa
    1. Re:The ACLU would have more credibility... by imikem · · Score: 2

      It would sure be nice to take a few giant whacks at the grotesque manipulation of the interstate commerce clause to allow virtually anything to be federally regulated and mandated. Might need a few $BILLIONS to manage that though.

      --
      Perscriptio in manibus tabellariorum est.
  11. Dear Congress, by Trailer+Trash · · Score: 4, Informative

    Unless you provide criminal penalties for those who would break this law, don't bother. You know what I mean - you do this for *every* other prohibitive law which doesn't target government, but always seem to forget that part when you're trying to reign in government.

    While you're at it, make a breach of this law also be a civil cause of action.

    Seriously.

    Otherwise, don't bother. If there's no penalties for breaking this law, it'll be ignored like all the rest of them.

  12. Section 215 means they can collect everything by bigpat · · Score: 3, Informative

    "extends the controversial Section 215 of the Patriot Act from 2015 through 2017."

    Section 215 is the provision which they have interpreted to mean every and all records collected by a business... server logs, router logs, email logs, credit card transactions, cable tv viewing data, car transponder data, car location data (as now collected by private companies and bought by the police), bank records, facebook friends lists, pictures you upload, library records etc etc etc. Basically everything that any company you do business with or knows about you could possibly think of putting in a database.

    Putting a 2 hop limitation on phone records misses 99.9% of the types of records government surveillance will be interested in collecting and aggregating moving forward. Might as well put a telegraph limitation in there or a horse and buggy surveillance limitation and call it "restraint".

  13. Section 215 is the problem by bigpat · · Score: 3, Informative

    The real problem is section 215 or anything like it. Which is what the government has been using to confiscate all sorts of records that companies that you do business with might keep. Limiting just phone calls misses 99.9999% of what the government might want to collect moving forward.

    Section 215 is the provision which they have interpreted to mean every and all records collected by a business... server logs, router logs, email logs, credit card transactions, cable tv viewing data, car transponder data, car location data (as now collected by private companies and bought by the police), bank records, facebook friends lists, pictures you upload, library records etc etc etc. Basically everything that any company you do business with or knows about you could possibly think of putting in a database.

    So on the face of this Congress really needs to enumerate the things that can be collected instead of leaving in a provision that seems to allow them to collect everything and then only restrict one particularly type of record

    Maybe the ACLU and EFF are just trying to make a career out of this law. Because in another couple years we are going to hear about how they are collecting another type of data under section 215 and then the ACLU and EFF are going to be up in arms over it and fundraising to stop it. Guys, just hold the line and oppose section 215 or any insidious replacement of it. You can still support the two-hop limitation, but oppose the bill.

  14. Freedom act by Iamthecheese · · Score: 2

    Even the average anesthetized American brain can see the irony in these names. Soon we shall have a ministry of love.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.