.@SpeakerJohnson has caved to the House Intelligence Committee’s bush league tactics and will block votes on a key reform when Section 702 reauthorization goes to the House floor this week. 1/12 politico.com/newsletters/pl…
The base bill that the House will consider—the Reforming Intelligence and Securing America Act (RISAA)—contains no meaningful reforms. In fact, the bill would actually weaken the FISA Court’s oversight of surveillance. 2/12 brennancenter.org/our-work/resea…
In February, members of the House’s Judiciary and Intelligence Committees had reached a deal with Johnson, under which he planned to bring RISAA to the floor and allow each committee to offer three amendments. 3/12
The Judiciary Committee’s amendments would have added reforms to end warrantless surveillance of Americans under Section 702 and other authorities. The Intelligence Committee’s amendments, unsurprisingly, would have expanded warrantless surveillance. 4/12
On the eve of the vote, Intelligence Committee members got cold feet. After their efforts to stoke opposition to reforms by exposing the “Russian space nukes” program proved futile, they simply pulled out of the deal and threatened to block all votes. 5/12 wired.com/story/section-…
It now seems that Johnson has decided to reward their bad behavior and give them the heckler’s veto they demand. Specifically, he will not allow Judiciary Committee members to offer an amendment to close the data broker loophole. 6/12
The amendment would end the government’s practice of evading constitutional and statutory privacy protections by purchasing Americans’ sensitive information from data brokers, rather than obtaining the warrant/court order/subpoena otherwise required by law. 7/12
Recent polling shows that 80 percent of Americans support this measure. Last year, the Judiciary Committee *unanimously* passed a bill, the Fourth Amendment Is Not For Sale Act (FAINFSA), that would have prohibited government purchases of certain highly sensitive data. 8/12
Rather than allow a vote on this amendment, Johnson has indicated he will bring FAINFSA to the floor this Friday as a stand-alone bill “on suspension.” This move is designed to kill the legislation, as suspension votes require a (nearly impossible) two-thirds majority. 9/12
Moreover, even if the House could meet this threshold, the Senate could simply choose not to take up the data broker bill. By contrast, Section 702 is due to expire on April 19, so the Senate will almost certainly vote on whatever Section 702 bill the House sends over. 10/12
Johnson has showed his true colors. His desire to appease Intelligence Committee chair Mike Turner outweighs any sense of responsibility he might have to the American people, and he is ready and willing to betray their trust. 11/12
Americans should speak up and demand that he reverse course. RT if you believe @SpeakerJohnson should allow votes on—and SUPPORT—amendments to protect Americans from warrantless surveillance, under both Sec. 702 *and* the data broker loophole. 12/12
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If you care about the First Amendment, please stop everything and read this @WIRED article. Tl;dr: House intelligence committee (HPSCI) members are blocking reforms to FISA Section 702 *because they want the FBI to spy on American protesters.* 1/20 wired.com/story/hpsci-us…
A bit of background (skip to tweet 10 if you’re up to speed on 702!): Section 702 authorizes warrantless surveillance and therefore can only be targeted at foreigners overseas. But it inevitably sweeps in enormous volumes of Americans’ communications. 2/20
Despite Congress’s mandate to “minimize” the retention and use of Americans’ information, the government routinely searches through Section 702-acquired data for the express purpose of finding and reviewing Americans’ phone calls, text messages, and emails. 3/20
Yesterday, I tweeted about how House intelligence committee leaders (HPSCI) scuttled a floor vote on Section 702 rather than allow members to enact reforms. That’s bad behavior, even by Congress’s standards. It turns out it was worse than I thought. 1/13
In what may seem like unrelated news (bear with me, I will get back to 702!), HPSCI Chairman Mike Turner caused a near-panic this week when he called for a secret session of Congress to share classified information about a “destabilizing foreign military capability”… 2/13
…followed by a cryptic public statement calling on President Biden to declassify information about what Turner called “a serious national security threat.” 3/13
Some jaw-dropping news: House intelligence committee (HPSCI) leaders forced Speaker Johnson to CANCEL THE FLOOR VOTE on Section 702 tomorrow, rather than allow members to vote on whether to prohibit warrantless access to Americans’ communications. 1/18
HPSCI leaders have been waging a propaganda campaign all week to try to tank this and other reforms… but it’s not working. They saw the writing on the wall. In HPSCI’s view, if members won’t vote the way HPSCI tells them to on Section 702, they shouldn’t get to vote at all. 2/18
Let’s back up and review how we got here. The House Judiciary Committee passed a bill that includes a warrant requirement and other key reforms to protect Americans’ civil liberties, while leaving untouched the core of Section 702: the ability to monitor *foreign* threats. 3/18
Reporting from @politico suggests House intelligence committee leaders want at least part of the floor debate on Section 702 to happen IN SECRET. If true, these are bush league tactics and a new low for opponents of surveillance reform. 1/8
Most lawmakers want major reform of Section 702. The Judiciary Committee’s reform bill passed out of committee on a 35-2 vote. Intelligence committee leaders know they can’t win on an even playing field, so they’re trying to use secrecy to avoid reform. 2/8
Make no mistake: a secret session is completely unnecessary. National security legislation is openly debated in every Congress. There have only been 6 secret sessions in the House since 1812. 3/8
I’m sorry to report that lawmakers caved to abject fearmongering by the administration & surveillance hawks in Congress and passed a de facto 16-month extension of Section 702 as part of the NDAA this morning. 1/5
Those of you who called your senators and representatives in the last couple of days—THANK YOU. Your calls did make a difference. The vote was much closer, especially in the Senate, than a lot of observers expected it to be. 2/5
The closeness of the votes will help build momentum for reform. Because the fight continues. We can’t sit back and wait for 16 months; we must demand that Congress reform Section 702 *now* to end the abuses and rein in warrantless surveillance of Americans. 3/5
If you believe the government should have to get a warrant to read Americans’ communications, CALL YOUR SENATORS AND TELL THEM “NO SECTION 702 EXTENSION ON THE NDAA WITHOUT A CERTIFICATION CAP.” What does that mean? I’ll explain. 1/15
Section 702 authorizes warrantless surveillance of foreigners abroad, but it sweeps in huge volumes of Americans’ communications, and the gov’t routinely searches through the data for the express purpose of finding and reviewing Americans’ phone calls, texts, and emails. 2/15
The FBI conducted 200,000 of these “backdoor searches” in 2022 alone, including searches for the communications of Black Lives Matter protesters, members of Congress, journalists, and more than 19,000 donors to a single congressional campaign, plus other alarming abuses. 3/15