Media contact: Mark Stanley, 202.681.7582 Email: press@demandprogress.org
As the House prepares for a vote on the USA Freedom Act this week, 13 netroots groups—representing approximately 10 million Americans—have launched a campaign and activism website calling on Congress to reject reauthorization of key provisions of the PATRIOT Act.
Instead, the site calls for Congress to allow PATRIOT Act provisions—including Section 215, which has been exploited to justify the collection of data on millions of innocent Americans’ phone calls—to sunset on June 1st. Netroots groups plan to use the site to generate hundreds of thousands of emails and tens of thousands of phone calls to Congress over the next two weeks.
Groups supporting the effort are the Bill of Rights Defense Committee, CREDO, Daily Kos, Demand Progress, Democrats.com, Left Action, Fight for the Future, Free Press, RH Reality Check, RootsAction, The Nation, The Other 98%, and Win Without War.
“Investigations into the phone data collection program carried out under Section 215 of the PATRIOT Act have made it clear it does not make the public safer,” said David Segal, Executive Director of Demand Progress. “While mass surveillance doesn’t reduce the threat of terrorism, it poses a severe, ongoing, unacceptable threat to our most cherished rights, the Constitution, and our democracy. With key PATRIOT Act provisions about to expire, now is our best chance to rein in mass surveillance.”
Washington, DC — Today, 28 groups, including Demand Progress and FreedomWorks, released a letter in strong support of HR 2233. Introduced by Representatives Thomas Massie (R-KY), Zoe Lofgren (D-CA), and Ted Poe (R-TX), the bill would explicitly address “backdoor search loopholes” under Section 702 of the Foreign Intelligence Surveillance Act and pursuant to Executive order, and it would prohibit the government from searching databases of collected communications for those of a U.S. person absent a court order or special circumstance. The bill would also prohibit the government from requiring any entity build back doors into its products or services that would facilitate electronic surveillance.
The House overwhelmingly passed a similar measure to cut funding for NSA back doors in 2014 as an amendment to the Defense Appropriations bill, with a vote of 293 to 123. Ultimately, that amendment was not included in the “CRomnibus,” despite overwhelming support.
“Closing the backdoor search loophole is one of the steps Congress must take if it wants to claim to have ended mass surveillance of Americans. House Leadership must take up this bill if it wants to credibly say it has addressed the issue of unconstitutional mass surveillance,” said Demand Progress executive director David Segal. “Further, by prohibiting the government from mandating that back doors be built into technology services, this bill will ensure greater security for the public and prevent a dangerous expansion of the surveillance state.”
“The mass surveillance of Americans by their own government is a fundamental violation not only of our constitution, but of the rights of any free society,” saidFreedomWorks president Matt Kibbe. “That’s why this bill has such massive bi-partisan support. If Congress wants to seriously claim to have addressed mass surveillance, they must take up this bill.”
We write in strong support of your legislation to close backdoors that allow the National Security Agency to conduct surveillance of electronic communications. The legislation is similar to another measure you introduced, House Amendment 935 to the Department of Defense Appropriations Act for FY 2015, which received overwhelming support. It additionally addresses warrantless searches conducted under an Executive order. The ongoing revelations about the intrusive nature and broad scope of government surveillance have badly damaged the trust users have in the security of their Internet communications. This legislation would help begin to restore that trust in three ways.
First, the bill would address the “backdoor search loophole,” which refers to the government’s practice of searching for information about U.S. persons in databases of communications collected under Section 702 of the Foreign Intelligence Surveillance Act (50 U.S.C. § 1881a). This bill would address that loophole by prohibiting searches of those databases for communications of a U.S. person absent a court order or special circumstances. Those circumstances include when consent is given, the person is the subject of the (aforementioned) order or emergency authorization that authorizes electronic or physical search, or the entity carrying out the search has reasonable belief that the life or safety of the person is threatened and the information is sought for the purpose of assisting the person. Although Section 702 prohibits the government from intentionally targeting the communications of U.S. persons, the government asserts the authority to query those communications in other circumstances under Section 702. In response, the legislation prohibits the intentional targeting of a person outside the United States if “a purpose” is to target a particular, known person reasonably believed to be in the U.S.
Second, the bill generally prohibits the searching of communications of a known U.S. person collected without a court order under an Executive order. As with searches under Section 702, exceptions include when consent is given, the person is the subject of an order or emergency authorization that authorizes electronic or physical search, or the entity carrying out the search has reasonable belief that the life or safety of the person is threatened and the information is sought for the purpose of assisting the person. This will help ensure surveillance undertaken pursuant to an Executive order does not become a subterfuge to avoid the court order requirement that would apply if a U.S. person were targeted directly.
Finally, the bill would prohibit the government from requiring or requesting that any person or entity build back doors into its products or services that would facilitate electronic surveillance of users of such products or services. This is a sensible limitation that not only improves transparency of surveillance practices, but also promotes security by avoiding the creation of potential vulnerabilities that can later be exploited by criminals and other bad actors. Notably, this particular provision would exempt any mandates or requests that are made with regard to products and services that are covered under the Communications Assistance for Law Enforcement Act (CALEA).
All three of these measures would make appreciable changes that would advance government surveillance reform and help rebuild lost trust among Internet users and businesses, while also preserving national security and intelligence authorities. We urge the Congress to move speedily to enact this legislation.
Sincerely,
Advocacy for Principled Action in Government, American Association of Law Libraries, American Civil Liberties Union, Arab American Institute, Bill of Rights Defense Committee, Brennan Center for Justice at New York University School of Law, Campaign for Liberty, Center for Democracy and Technology, Competitive Enterprise Institute, CREDO, Data Foundry, Defending Dissent Foundation, Demand Progress, Electronic Frontier Foundation, Fight for the Future, Free Press Action Fund, FreedomWorks, Golden Frog, Government Accountability Project, National Security Counselors, New America’s Open Technology Institute, OpenTheGovernment.org, Restore The Fourth, RootsAction.org, Sunlight Foundation, TechFreedom, The Constitution Project, X-Lab
The following statement can be attributed to Daniel Schuman, Policy Director for Demand Progress:
“Demand Progress welcomes today’s court decision, but it only addresses the tip of the iceberg when it comes to unlawful, counterproductive government surveillance. Congress must comprehensively reform our surveillance state, including prohibiting mass domestic surveillance, establishing a comprehensive review of intelligence community practices since 9/11, ending secret law, holding bad actors to account, and protecting whistleblowers. Today’s ruling underlines the importance of Congress declining to enact the USA Freedom Act or reauthorize the PATRIOT Act, as we should not risk turning back the clock on this important ruling.”
Software designers have a term — ‘minimal viable product’ — to describe early versions of things like iPhone apps that they can rush to market. The idea is to get something out and refine it as they go along. That’s the argument being made for a measure in Congress that would modify the Patriot Act to make it somewhat harder for the government to conduct mass surveillance of Americans without regard to whether they committed any misdeeds.
Sure, there are compromises, Americans are told, but we should not let the perfect be the enemy of the good. The bill is a “critical first step toward reining in” surveillance by the National Security Agency and is a basis for more reform, said Human Rights Watch.
Media contact: Mark Stanley, 202-681-7582 Email: press@demandprogress.org
Today 27 bipartisan groups delivered a letter to Congress in support of a proposed amendment from Representatives Ted Poe (R-TX) and Zoe Lofgren (D-CA) that would address the ‘backdoor search loophole’ under the Foreign Intelligence Surveillance Act (FISA).
The proposed amendment is expected to be offered at Thursday’s House Judiciary Committee markup of the USA Freedom Act.
Specifically, the amendment would prohibit government agencies from collecting and searching the communications of U.S. persons without a warrant using section 702 of FISA, a statute primarily designed to pick up communications of individuals abroad.
The amendment would also prohibit the government from requiring or requesting that any person or entity build backdoors in its products or services that would facilitate electronic surveillance of users.
Last year, the House of Representatives voted overwhelmingly (293-123) and on a bipartisan basis in favor of a virtually identical measure amending the Department of Defense Appropriations Act for FY 2015.
So-called “reform” bill fails to stop mass surveillance and must be opposed
Media Contact: Mark Stanley, 202-681-7582 Email: press@demandprogress.org
Press reports indicate that, under pressure from the secretive intelligence agencies, legislation is being introduced today that fails to terminate mass surveillance programs, and instead reauthorizes section 215 of the USA PATRIOT Act.
We urge Congress to oppose this legislation, the USA Freedom Act, because it does not end mass surveillance programs, including ones operating under the FISA Amendments Act and Executive Order 12333. It also fails to secure other essential reforms, including real accountability for the NSA, addressing secret law, and strengthening meaningful oversight by Congress. The bill will only be weakened as it goes through the legislative process and will become a parody of its name.
A vote for a bill that does not end mass surveillance is a vote in support of mass surveillance. The way to end mass surveillance is to end mass surveillance. Everything else is window dressing.
Rather than reauthorizing section 215, Congress should let this dangerous provision expire and pass much-needed reforms, including ending mass surveillance under section 702 of the FISA Amendments Act, Executive Order 12333 and other authorities, and enhancing Congressional oversight of secret intelligence agencies.
CREDO and Demand Progress would support legislation enshrining the reforms demanded in this just-released letter, signed by 60 organizations, businesses, and prominent national security whistleblowers.
Furthermore, the organizations support likely efforts to amend the legislation to ban warrantless wiretapping of U.S. persons.
“It’s like rearranging the chairs on the deck of the Titanic,” said Becky Bond, Vice President of CREDO Mobile. “As a telecom that can be compelled to participate in unconstitutional government surveillance, we can tell you that the latest version of the USA FREEDOM Act is just a diversion to take the heat off our out-of-control surveillance state. That’s why CREDO Mobile opposes this proposal to reauthorize section 215 of the USA PATRIOT Act.”
“This bill purports to ban certain acts under narrow authorities — but it doesn’t ban those behaviors outright. Nor does it increase meaningful oversight of the NSA. If there’s one thing we know about the NSA, it’s that it will stretch the law to its limits,” said David Segal, Executive Director of Demand Progress. “If this bill passes, the NSA will continue unaddressed surveillance programs and will secretly torture the English language to devise novel justifications for spying on Americans — we won’t even know the details until a new whistleblower comes forward a decade or two from now.”
The following statement may be attributed to Demand Progress Executive Director David Segal, upon reports that Comcast is withdrawing its attempt to acquire Time Warner Cable:
“Over the course of the last 15 months, the American public — including more than 100,000 Demand Progress members — fought Comcast’s bid to take over Time Warner Cable and seize control over the wires that lead into nearly two-thirds of American homes,” said David Segal, Executive Director of Demand Progress. “Content creators, tech start-ups, and everyday consumers know that a lone gatekeeper for the bulk of media and Internet services would have been disastrous for accessibility and freedom of speech.
"Coming off of the recent Net Neutrality win, the collapse of the merger further underscores the importance of an engaged public. We like to identify with the underdog — and Comcast’s recent losing streak almost has us feeling sorry for them.”
“If competition is so vibrant and healthy in the broadband market — enough to make net neutrality regulation a bad idea, as ISPs including Comcast have argued — why won’t Comcast compete with Time Warner? Why is Comcast buying Time Warner instead of competing with it?”
— “Comcast can’t answer the only important question about the TWC merger: why not compete?” T.C. Sottek for The Verge, 4/22/15 32 notes
Learn more about Senator Mitch McConnell’s dangerous bill to reauthorize the Patriot Act until 2020 here: http://bit.ly/1JaVqXY
The following statement can be attributed to Demand Progress Executive Director David Segal:
“Senator McConnell’s quixotic effort to extend congressional approval for mass surveillance under the USA PATRIOT Act’s Section 215 is dangerous, foolhardy, and the opposite of what the public has been calling for in the form of meaningful reform. While the Senator and national security hardliners may turn the screws on their colleagues, the American people and most members of Congress will reject this latest effort to transform the land of the free into the home of the surveilled. Grassroots activists will fight McConnell’s bill every step of the way to ensure it never gains the support needed to pass.”
