Congress Moves Toward Meaningful Reform of Domestic Surveillance
Before Wyden took the stage, John Podesta—a former chief of staff to Bill Clinton and a well-respected figure in the Democratic apparatus in DC—called for a presidential-level commission to evaluate laws around domestic surveillance and data-gathering, both by the government and private companies.
“The fact that this has made it to the floor of the House of Representatives is unquestionably good. It is another step…in the march to a real debate,” Wyden said, and added that Snowden’s disclosures made it possible. “We wouldn’t have had that seven, eight weeks ago.”
Senator Ron Wyden’s speech at the Center for American Progress on Tuesday morning was a pivotal moment in the emerging debate over domestic surveillance—the senator, who was one of the first to warn the public that the government was interpreting the Patriot Act in a “shocking” fashion, issued yet another important warning.
Without immediate action to address an ever-expanding surveillance state, the country risks entrenching an apparatus that “cannot be reversed,” he said.
The Patriot Act and the subsequent expansion of its authority by both Congress and the secret Foreign Intelligence Surveillance Court has led to “the creation of an always-expanding, omnipresent surveillance state that, hour by hour, chips needlessly away at the liberties and freedoms our founders established for us, without the benefit of actually making us any safer,” he said.
“So, today I’m going to deliver another warning: If we do not seize this unique moment in our constitutional history to reform our surveillance laws and practices, we will all live to regret it,” Wyden continued. “The combination of increasingly advanced technology with a breakdown in the checks and balances that limit government action could lead us to a surveillance state that cannot be reversed.”
Wyden wants the administration to disclose the FISC opinions that have created a secret body of law governing domestic surveillance by the NSA. He has co-sponsored a Senate bill to that effect, and repeatedly hammered at the problem of secret laws in his speech.
“When the American people are in the dark, they can’t make fully informed decisions about who should represent them, or protest policies that they disagree with. These are fundamentals. It’s Civics 101,” Wyden said. “And secret law violates those basic principles. It has no place in America.”
This fact was acknowledged—albeit begrudgingly—by other House members last week during an unusually contentious House Judiciary Committee hearing with officials from the Department of Justice and the NSA. “Snowden, I don’t like him at all, but we would’ve never known what happened if he hadn’t told us,” said Representative Ted Poe.
On top of all this, there are many other bills in Congress that have been introduced since last month’s revelations in The Guardian. Here’s a brief look at them all:
Senators Jeff Merkley and Mike Lee co-sponsored a bill on June 11 to declassify FISA court documents, which Wyden co-sponsored.
Senator Rand Paul (R-KY) introduced S.1121 “Fourth Amendment Restoration Act,” “A bill to stop the National Security Agency from spying on citizens of the United States and for other purposes,” introduced on June 7. It would require authorities possess a warrant based on probable cause in order to conduct surveillance.
Representative Adam Schiff proposed legislation that would require FISC judges to be nominated by the president and confirmed by the Senate, while maintaining the seven-year term limit for FISC appointments.
Representatives Rick Larsen and Justin Amash introduced HR 2736, the “Government Surveillance Transparency Act of 2013,” on July 18, which create ninety-day reporting requirements for surveillance under the Foreign Intelligence Surveillance Act.
Representative Stephen Lynch introduced HR 2684, the “Telephone Surveillance Accountability Act,” on July 11, “to require the Director of the Federal Bureau of Investigation to report and obtain court approval for broad telephony metadata collection searches, and for other purposes.”
Representative Steve Cohen introduced HR 2586, the “FISA Court Accountability Act,” on June 28 “to strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.” A chief provision of this bill would give Congress the authority to appoint FISC judges. Supreme Court Chief Justice John Roberts currently has that sole responsibility.
Representative Dennis Ross introduced HR 2603, the “Relevancy Act,” on June 28, “To amend the Foreign Intelligence Surveillance Act of 1978 to allow access to certain business records only if an investigation relates to a specific individual or specific group of individuals.”
Senator Patrick Leahy introduced S 1215, the “FISA Accountability and Privacy Protection Act of 2013,” on June 24 “to strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.” It would chiefly heighten the evidence requirements needed for surveillance under FISA. It is co-sponsored by Senators Mike Lee, Mark Udall, Ron Wyden, Richard Blumenthal and Jon Tester.
Representative Sheila Jackson Lee (D-TX) introduced HR 2440, “FISA Court in the Sunshine Act,” on June 19. “To require the Attorney General to disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court that includes significant legal interpretation of section 501 or 702 of the Foreign Intelligence Surveillance Act of 1978 unless such disclosure is not in the national security interest of the United States and for other purposes.” This is essentially the same as the Merkley-Lee bill in the Senate.
Representatives Adam Schiff and Todd Rokita (R-IN) introduced legislation June 20 much like Jackson-Lee’s amendment, and the Merkley-Udall effort in the Senate, and would require disclosure of relevant FISC opinions.
Senator Mark Udall sponsored S 1182, “A bill to modify the FISA Act of 1978 to require specific evidence for access to business records and other tangible things, and provide appropriate transition procedures, and for other purposes,” on June 18 limiting the federal government’s ability to collect data from Americans.
Representative John Conyers introduced HR 2399, the “LIBERT-E Act,” on June 17, “To prevent the mass collection of records of innocent Americans under section 501 of the Foreign Intelligence Surveillance Act of 1978, as amended by section 215 of the USA PATRIOT Act, and to provide for greater accountability and transparency in the implementation of the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.”
Senator Bernie Sanders introduced S 1168, the “Restore Our Privacy Act” on June 13. “A bill to amend the Foreign Intelligence Surveillance Act of 1978 to limit overbroad surveillance requests and expand reporting requirements and for other purposes.
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