The Nexus Of Privacy looks at the connections between technology, policy, strategy, and justice. We’re also on the fediverse at @thenexusofprivacy@infosec.pub

  • 12 Posts
  • 17 Comments
Joined 1 year ago
cake
Cake day: July 18th, 2023

help-circle
rss

  • From the article:

    FISA 702 warrantless surveillance purports to target only foreign subjects, but in practice sweeps in a huge amount of Americans’ communications. This allows intelligence agencies to exploit a backdoor search loophole: the FBI, CIA, and NSA conduct “U.S. person queries” of FISA 702 records to deliberately pull up Americans’ private messages, all without a warrant or any court approval. This loophole has led to systemic abuse, involving thousands of improper queries each year, including those directed at protesters, campaign donors, journalists, lawmakers, and — in one case — the online dating matches of an analyst.


  • The FBI routinely uses its authority under FISA Section 702 to get information on Americans without a warrant, ignoring the processes that are supposed to be put in place to protect people. This has nothing to do with the FISA Title III authority that was used to get information about Carter Page, no matter what you and Trump think. If you warrantless surveillance of Americans is good, then by all means you should indeed be cheering this vote – because they extended the scope of what information they can get at without a warrant.

    If on the other hand you think civil liberties are worth protecting, then you might take a moment to stop to think that there was bipartisan support, including progressive Democrats, for introducing reforms like a warrant requirement while still keeping the ability to surveil foreign agents in place. But opinions differ, there are plenty of people in both parties who don’t think civil liberties are worth protecting, so if you’re one of them you’ve got a lot of company.









  • Back in December, they tried to get an even WORSE FISA extension bill through as part of the NDAA – without even a vote on it – and the pushback was strong enough that they abandoned the plan. In 2020 grassroots activism kept them from rauthorizing Section 215 of the PATRIOT Act . In 2015 grassroots activism kept them from doing a straight reauthorization of the PATRIOT Act. So there really is a track record of it being effective on this issue.

    The key dynamic here is that both parties are split on the issue – progressive Dems along with Libertarian and MAGA Republicans all favor reform. So even representatives in a district that one party always wins have to consider the politics: Republicans wanting to keep their MAGA cred against MAGA challengers, Democrats facing progressive challengers (or progressive Dems who need strong support from their base against centrist challengers). Plus there are a handful of centrist Dems in purple districts who might vote the right way if it can pick up some Republican votes.













  • That’s disappointing … but, enough pressure can get them to change their position (or, almost as good, ask Schumer not to bring the bill to the floor so that they don’t have to take a politically costly vote). In the Senate Commerce Committee hearing, both Cantwell and Markey voted yes but said they had gotten a lot of calls and email from constituents who were concerned about the impact on LGBTQ+ teens so there was work to do before bringing the bill to the floor … so the pressure is definitely getting noticed!