Elizabeth Goitein Profile picture
Dec 11, 2023 11 tweets 3 min read Read on X
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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More from @LizaGoitein

Jan 6
The Trump administration claims there was no need for Congress to authorize the military attack in Venezuela because the military was merely supporting a “law enforcement operation” (i.e., executing arrest warrants against the Maduros). That’s wrong on multiple counts. 1/20
Under our Constitution, decisions about when, where, and against whom to deploy military force are made by Congress, not the president. This system ensures that the solemn decision to risk U.S. blood and treasure is made with democratic debate and public accountability. 2/20
When U.S. military aircraft drop bombs on another country, killing 80 people in the process, that’s a use of military force, regardless of the intent. Even Hegseth described it as a “joint military and law enforcement raid” rather than a pure law enforcement action. 3/20
Read 20 tweets
Nov 5, 2025
The Supreme Court just heard oral arguments in the challenge to Trump’s worldwide tariffs. No matter how the Court rules (and I’ll do just a tiny bit of tea leaf-reading here), its decision will have enormous implications for the scope of presidential power. 1/25
Spoiler alert: some conservative justices had tough questions for both sides, making it hard to say with certainty where they’ll land. But given the degree of pushback on key administration arguments, it’s looking quite possible—if not likely—the tariffs will be struck down. 2/25
I discussed the stakes of the case and the various arguments before the Court in a recent @BrennanCenter explainer. The rest of this thread might make more sense if you read that first… but will briefly summarize here. 3/25 brennancenter.org/our-work/analy…
Read 25 tweets
Oct 20, 2025
By a 2-1 opinion, the Ninth Circuit just held that the president can federalize National Guard forces and deploy them when protesters shine flashlights in the eyes of ICE officers. It’s one of the most dangerous and legally flawed court decisions I’ve seen this year. 1/23
Trump had federalized 200 Oregon National Guard forces after posting on social media that Portland was “War ravaged” and that ICE facilities were “besieged.” He invoked a law that permits federalization of the Guard when the president is “unable to execute” federal law. 2/23
It appears Trump had watched a FOX News segment that misleadingly aired footage from 2020 of chaos in Portland. In court, administration officials struggled to find instances that would substantiate Trump’s characterization of Portland today. 3/23 dankennedy.net/2025/10/04/tru…
Read 23 tweets
Sep 12, 2025
Facing stiff legal and political resistance to his military deployments in Los Angeles and D.C., Trump now seems to be shifting strategies and targeting blue cities in red states, such as Memphis and New Orleans. It’s bad news with a small silver lining. 1/24
First, the silver lining. There is simply no legal way to deploy troops for crime control purposes in Chicago, Baltimore, New York, or any other city in a state where the governor objects. To use Guard forces in those states, Trump would have to federalize them… 2/24
…and to do that, he needs statutory authority. There is no law, however, that allows the president to federalize the National Guard to address local crime. And even if there were such a law, federalized National Guard forces become subject to the Posse Comitatus Act (PCA)… 3/24
Read 24 tweets
Aug 12, 2025
Trump's use of the DC National Guard and potentially other states' Guard forces to respond to local crime in DC violates the centuries-old principle against using the military as a domestic police force--a principle that is critical to democracy and individual liberty. 1/5
Unfortunately, there are major loopholes in the Posse Comitatus Act (PCA), which is the law that enshrines that principle. Trump is exploiting two of those loopholes: the unique command/control structure of the DC National Guard... 2/5
...and 32 USC 502(f), a provision of law under which Guard forces acting under state command and control can perform federal missions free from the constraints of the PCA, even when effectively taking direction from the president. 3/5
Read 5 tweets
Jun 14, 2025
The Defense Department has confirmed that U.S. Marines detained a civilian—reportedly an Army veteran who crossed a yellow tape boundary on his way to a Department of Veterans Affairs office. This is an apparent violation of the Posse Comitatus Act. 1/16 reuters.com/world/us/us-ma…
The Posse Comitatus Act (PCA) bars federal armed forces from directly participating in law enforcement activities unless “expressly authorized” by statute or by the Constitution. It’s a critical protection for individual liberty and democracy. 2/16
What constitutes a law enforcement activity for purpose of the PCA isn’t always clear. But activities that unambiguously fall within that category include arrests, searches, and seizures of persons or property. 3/16 congress.gov/crs-product/R4…
Read 16 tweets

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