RED ALERT: Buried in the House intelligence committee’s Section 702 “reform” bill, which is schedule for a floor vote as soon as tomorrow, is the biggest expansion of surveillance inside the United States since the Patriot Act. 1/11
Through a seemingly innocuous change to the definition of “electronic service communications provider,” the bill vastly expands the universe of U.S. businesses that can be conscripted to aid the government in conducting surveillance. 2/11
Under current law, the government can compel companies that have direct access to communications, such as phone, email, and text messaging service providers, to assist in Section 702 surveillance by turning over the communications of Section 702 targets. 3/11
Under Section 504 of the House intelligence committee’s bill, any entity that has access to *equipment* on which communications may be transmitted or stored, such as an ordinary router, is fair game. What does that mean in practice? It’s simple… 4/11
Hotels, libraries, coffee shops, and other places that offer wifi to their customers could be forced to serve as surrogate spies. They could be required to configure their systems to ensure that they can provide the government access to entire streams of communications. 5/11
Even a repair person who comes to fix the wifi in your home would meet the revised definition: that person is an “employee” of a “service provider” who has “access” to “equipment” (your router) on which communications are transmitted. 6/11
The bill’s sponsors deny that Section 504 is intended to sweep so broadly. What *is* the provision intended to do, and how is the government planning to use it? Sorry, that’s classified. 7/11
At the end of the day, though, the government’s claimed intent matters little. What matters is what the provision, on its face, actually allows—because as we all know by now, the government will interpret and apply the law as broadly as it can get away with. 8/11
This isn’t a minor or theoretical concern. One of the FISA Court amici posted a blog to warn Americans about this provision. I can’t overstate how unusual it is for FISA Court amici to take to the airwaves in this manner. We’d be foolish to ignore it. 9/11 zwillgen.com/law-enforcemen…
If you don't want to have to worry that the NSA is tapping into communications at the hotel where you're staying, tell your House representative to vote NO on the House intelligence bill this week. More on the many flaws with that bill here: 10/11 brennancenter.org/our-work/resea…
Instead, they should vote for the Protect Liberty & End Warrantless Surveillance Act, a bill passed by the House Judiciary Committee on a 35-2 vote that would reauthorize Sec. 702 with strong reforms to protect Americans’ privacy and civil liberties. 11/11 judiciary.house.gov/media/press-re…
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The Trump administration seems to be gearing up to defy a court order, with JD Vance tweeting this morning: “Judges aren’t allowed to control the executive’s legitimate power.” The battle lines for our democracy have been drawn. 1/9
As anyone who has had an introductory civics class knows, if a president disagrees w/ a court order, the remedy is to appeal. There’s a reason Trump & co. don’t like that option: they know their actions are illegal & many will be rejected even by Trump’s own SCOTUS justices. 2/9
So instead, they’re saying the courts can’t control the executive’s “legitimate power.” But of course, that statement glosses right over the critical question: Who decides whether the president’s claimed powers are “legitimate” (i.e., legal)? The president, or the courts? 3/9
This one is not getting enough attention. At least on its face, it seems to be directing NORTHCOM (through the Secretary of Defense) to develop a military campaign to “repel” the “invasion” resulting from “unlawful mass migration.” 1/10 whitehouse.gov/presidential-a…
NORTHCOM is the combatant command for the North American continent. It executes both homeland defense and civil support missions… but the executive order doesn’t say anything about civil support, nor does it mention DHS (which would be receiving the support). 2/10
Instead, the order relies on the president’s commander in chief authority, uses the phrase “repel the invasion,” and directs the secretary of defense to implement a “campaign planning requirement.” This is the language of military operations, not support to law enforcement. 3/10
URGENT: Please call Senator Graham’s office (202-224-5972) *today* and demand that Section 1202 of the intelligence authorization bill, which will rein in a truly terrifying surveillance authority, be KEPT IN the bill. 1/17
When Congress reauthorized Section 702 in April, it included what @RonWyden called “one of the most dramatic and terrifying expansions of government surveillance authority in history.” I wrote about that expansion here: 2/17 thehill.com/opinion/techno…
Before this expansion, Section 702 allowed the government to compel “electronic communications service providers” (e.g., Verizon or Google) to assist with surveillance, generally by turning over a foreign target’s communications. 3/17
It’s over (for now). A majority of senators caved to the fearmongering and bush league tactics of the administration and surveillance hawks in Congress, and they sold out Americans’ civil liberties. Section 702 has been reauthorized, not just without any meaningful reforms… 1/10
…but with “one of the most dramatic and terrifying expansions of government surveillance authority in history,” as @RonWyden aptly described it. It is nothing short of mind-boggling that 58 senators voted to keep this Orwellian power in the bill. 2/10
The provision effectively grants the NSA access to the communications equipment of almost any U.S. business, plus huge numbers of organizations and individuals. It’s a gift to any president who may wish to spy on political enemies, journalists, ideological opponents, etc. 3/10
THANK YOU to the *thousands* of you who have made calls—WE NEED TO KEEP THEM COMING! Call 202-899-8938 to be connected to your Senators & urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to act as NSA spies. 1/6
The administration and intelligence officials will put ENORMOUS pressure on Senators today to just swallow this terrible bill, because otherwise Section 702 will lapse at the end of the day. We need to make sure they’re feeling just as much pressure FROM US. 2/6
As I pointed out yesterday, the April 19 deadline isn’t real. The FISA Court has already approved Section 702 surveillance until April 2025, and there’s a “grandfathering” provision in the law for such approvals. 3/6 nytimes.com/2024/04/18/us/…
THERE WILL BE SENATE VOTES ON SECTION 702 TODAY. Please call this number (202-899-8938) ASAP to be connected to your Senators and urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to serve as NSA spies. 1/9