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Congress Passes Bill Allowing Warrantless Forfeiture of Private Communications

Prune writes Congress has quietly passed an Intelligence Authorization Bill that includes warrantless forfeiture of private communications to local law enforcement. Representative Justin Amash unsuccessfully attempted a late bid to oppose the bill, which passed 325-100. According to Amash, the bill "grants the executive branch virtually unlimited access to the communications of every American." According to the article, a provision in the bill allows “the acquisition, retention, and dissemination” of Americans’ communications without a court order or subpoena. That type of collection is currently allowed under an executive order that dates back to former President Reagan, but the new stamp of approval from Congress was troubling, Amash said. Limits on the government’s ability to retain information in the provision did not satisfy the Michigan Republican."

9 of 379 comments (clear)

  1. PRIVATE encryption of everything just became... by Karmashock · · Score: 5, Insightful

    ... mandatory. Seriously, what is the NSA going to do when the consequences of their arrogance propagate fully through our information culture? Eventually, everything of consequence is going to be held on private servers using private encryption keys that no one has access to but the users. The actual servers that push the information around are going to be shuffling around black boxes.

    --
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  2. Over to you, SCOTUS by Tokolosh · · Score: 5, Insightful

    If you do not declare this unconstitutional, immediately and unambiguously, then you have failed The People.

    Your credibility is already hanging by a hair.

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    Prove anything by multiplying Huge Number times Tiny Number
    1. Re:Over to you, SCOTUS by BarbaraHudson · · Score: 5, Insightful

      What if those communications are contained in your phone, tablet, laptop or home computer. Sounds like they can seize all that without a warrant as well ...

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      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  3. Ok Justin by Anonymous Coward · · Score: 5, Insightful

    I have actually met this guy in person, I have nothing against him, but holy shit. Before he actually cared and I would have backed him up 100% opposing this without question. But he seems to have gone for the republican kool aid and somehow wants to blame this on.... the executive branch.

    Look man, the executive branch doesn't make laws and the law enforcement agencies that report to it already had this power. This is congress who isn't part of the executive branch passing the law. Don't go in there a decent guy and come out a soulless husk spewing what you hear on Fox News. Don't try to shift blame on that 'Obama' fictional character everyone seems to want to. You're better than that.

  4. Congressman Amash’s letter sent to Colleague by Anonymous Coward · · Score: 5, Informative

    Dear Colleague:

    The intelligence reauthorization bill, which the House will vote on today, contains a troubling new provision that for the first time statutorily authorizes spying on U.S. citizens without legal process.

    Last night, the Senate passed an amended version of the intelligence reauthorization bill with a new Sec. 309—one the House never has considered. Sec. 309 authorizes “the acquisition, retention, and dissemination” of nonpublic communications, including those to and from U.S. persons. The section contemplates that those private communications of Americans, obtained without a court order, may be transferred to domestic law enforcement for criminal investigations.

    To be clear, Sec. 309 provides the first statutory authority for the acquisition, retention, and dissemination of U.S. persons’ private communications obtained without legal process such as a court order or a subpoena. The administration currently may conduct such surveillance under a claim of executive authority, such as E.O. 12333. However, Congress never has approved of using executive authority in that way to capture and use Americans’ private telephone records, electronic communications, or cloud data.

    Supporters of Sec. 309 claim that the provision actually reins in the executive branch’s power to retain Americans’ private communications. It is true that Sec. 309 includes exceedingly weak limits on the executive’s retention of Americans’ communications. With many exceptions, the provision requires the executive to dispose of Americans’ communications within five years of acquiring them—although, as HPSCI admits, the executive branch already follows procedures along these lines.

    In exchange for the data retention requirements that the executive already follows, Sec. 309 provides a novel statutory basis for the executive branch’s capture and use of Americans’ private communications. The Senate inserted the provision into the intelligence reauthorization bill late last night. That is no way for Congress to address the sensitive, private information of our constituents—especially when we are asked to expand our government’s surveillance powers.

    I urge you to join me in voting “no” on H.R. 4681, the intelligence reauthorization bill, when it comes before the House today. /s/

    Justin Amash
    Member of Congress

  5. At least there's no pretense here... by Kazoo+the+Clown · · Score: 5, Insightful

    No pretense they have any respect for the Constitution, due process or the privacy of citizens. There's no doubt everyone will have to take matters into their own hands now. No doubt they'll make that illegal too, at which point only criminals will have any privacy.

  6. Re: PRIVATE encryption of everything just became.. by Anonymous Coward · · Score: 5, Insightful

    Anyone who is a geek and/or privacy advocate never believed it.

  7. Glad to see this pushed through by hackshack · · Score: 5, Informative

    So they can't settle on a decent healthcare system for us, but when it comes to spying on us... push it right through!

  8. Where are you going to keep your files?? by Taco+Cowboy · · Score: 5, Insightful

    You missed everything I said about keeping the keys and decryption engine private

    With NSA and all the spooks being given the blank check in snooping into every nook and cranny everywhere where do you think you gonna keep your files private ?

    How long you think your files can be safely kept private?

    The problem with the American government - no, not just the POTUS, not just the NSA, not just the Congress, not just the Court System, it's everything - is that it is turning into a totally uncontrollable monster, and it is getting uglier by the day

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    Muchas Gracias, Señor Edward Snowden !