As the Sen. debates RISAA—which vastly expands Section 702— Senators have introduced privacy amds. Per @PunchbowlNews, “a problem is emerging for Senate leaders on both sides and the White House — some of those [amds.] could actually be adopted.” (1/x)
punchbowl.news/article/senate…
So, what are the amendments that leadership and the White House are so worried about? Let’s take a look. (2/x)
First, the @RonWyden-@SenLummis amd. to strike the “dramatic and terrifying” provision expanding the universe of American businesses subject to 702. @HawleyMO & @RogerMarshallMD filed parallel amds., underscoring the strong opp. to this expansion. (3/x)
wyden.senate.gov/news/press-rel…
The ECSP provision has also generated significant opposition from a FISA Court amicus, tech industry groups, and 75+ civil liberties organizations. (4/x)
wired.com/story/iti-sect…
Even defenders of the provision admit that it is poorly drafted; however, they have brushed off concerns, promising to fix it ahead of the next reauthorization — 2+ years from now (5/x)
While the gov't has promised to only use this expanded authority narrowly, that's nonbinding & subject to change (by this admin. or a future one). And exec. branch lawyers have a history of expansively reading of narrowly-written surveillance laws. (6/x)
Next, the @SenatorDurbin-@SenKevinCramer amd. — a narrow, compromise warrant requirement for backdoor searches (aka U.S. person queries). (7/x)
durbin.senate.gov/newsroom/press…
This is narrower than the Biggs amd., requiring ct. approval only to view the contents of a communication (rather than before running a content query) (~1.5% of all searches. (8/x)
brennancenter.org/our-work/resea…
RISAA, meanwhile, largely codifies existing FBI procedures, which have led to abuses even after new procedures were implemented. (9/x)
brennancenter.org/our-work/resea…
Next, the @SenMikeLee-@SenPeterWelch FISA court amicus amd., essentially the same set of reforms in the Lee-Leahy amd., which passed the Senate 77-19 in 2020. It would replace RISAA’s text, which weakens amici oversight in several key ways. (10/x)
epic.org/reforming-702-…
@maziehirono has also offered an amendment to strike the suspicionless immigrant vetting provision in RISAA, the same House provision vehemently opposed by civil rights and immigration groups like @immcouncil & @JustFuturesLaw. (11/x)
@RandPaul has proposed the Fourth Amendment Is Not For Sale Act—which closes the data broker loophole—as an amd. The House passed FAINFSA this week, which was set to be an amd. to RISAA before it was unceremoniously excised by House leaders. (12/x)
cyberscoop.com/house-passes-4…
Rather than debate/vote on amds., anti-reformers are jamming through RISAA, claiming that 702 will “go dark." As reported by @charlie_savage (@nytimes), that’s “significantly misleading” b/c the FISA Court has recertified 702 until 2025. (13/x)
nytimes.com/2024/04/18/us/…
The Senate should take its time and get this right, not rush through a significant expansion of an already sweeping warrantless government surveillance authority. (14/14)
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