OTI Supports New USA FREEDOM Act As Last, Best Hope for Surveillance Reform
Tonight,
Representatives Sensenbrenner (R, WI-5) and Conyers (D, MI-13) will introduce
the . Senators Leahy (D, VT) and Lee (R, UT) will
introduce an identical companion bill in the Senate. This bill is the latest
version of the flagship surveillance reform bill that the House
overwhelmingly last year but then two votes short of moving forward in the Senate.
The bill, ,
would end the National Security Agency鈥檚 bulk collection of American鈥檚 telephone
records currently being authorized under USA PATRIOT Act Section 215, while also
banning such indiscriminate bulk collection of any type of record under a
variety of other legal authorities.
This new reform bill
comes just a week after Senate Leader Mitch McConnell (R, KY) introduced his
own legislation (S. 1035) to renew PATRIOT Section 215 for another five years
without any reforms at all, a move that 国产视频鈥檚 Open Technology Institute
(OTI) .
A chart comparing
today鈥檚 bill to last year鈥檚 Senate version of USA FREEDOM, as well as to the
version of last year鈥檚 House USA FREEDOM that was unanimously approved by the
House Judiciary and Intelligence Committees, can be found .
Based on OTI鈥檚 analysis, the new bill retains and in some cases improves
on most of the key provisions of the Senate bill and is a substantial
improvement over the weaker House Committee bill, which in turn was much
stronger than the watered-down version that the House eventually voted on.
The following statement can be attributed to Kevin
Bankston, OTI鈥檚 Policy Director:
鈥淎lthough the bill
does not contain all of the reforms that the Open Technology Institute believes
are necessary, passage of the USA FREEDOM Act of 2015 would represent an
important first step in the long process of reining in the NSA鈥檚 overreaching
surveillance programs. OTI therefore urges the Judiciary and Intelligence
Committees to favorably report the bill to the House floor as soon as possible,
and for the House to approve the legislation without delay and without
weakening any of its important reforms. A strong vote in the House will help
ensure that the bill can pass through the Senate ahead of the June 1st
deadline for the renewal of PATRIOT Section 215, that deadline being the
primary leverage for obtaining reform during this Congress.
鈥淚n addition to
being necessary to protect Americans鈥 privacy, reform is also necessary to
restore international trust in the US technology industry, which as detailed in
OTI鈥檚 report has been seriously damaged by news of the
NSA鈥檚 mass surveillance programs. Last month, OTI and a coalition of 47 civil
society groups and major tech companies demanding that, at a minimum, surveillance
reform must include a clear and effective ban on bulk collection along with adequate
transparency and accountability mechanisms to ensure that the bans are working.
We believe that today鈥檚 version of the USA FREEDOM Act meets those
requirements, much like last year鈥檚 Senate bill, which .
鈥淎lthough it is not
the ideal surveillance reform bill鈥攆ew compromises are ever ideal鈥攖oday鈥檚
version of the USA FREEDOM Act is a much stronger bill than the version that
the House of Representatives approved last year. The bill would end a bulk
surveillance program that the President鈥檚 own Review Group and the independent
Privacy and Civil Liberties Oversight Board concluded has not helped prevent
any terrorist attacks and poses a serious threat to all Americans鈥 privacy, and
the bill also includes a wide range of transparency and accountability reforms
that the privacy community and the US technology industry have been demanding
for the last two years. It鈥檚 time for Congress to start restoring trust in the
privacy and security of data that鈥檚 stored with US companies, not only to
protect our rights, but also to protect America鈥檚 economic security.
鈥淲e hope that the
House of Representatives will quickly vote to approve the USA FREEDOM Act so
that we can take the fight to the Senate, whose leadership appears intent on rubber-stamping
the NSA鈥檚 mass spying. In the meantime, we will continue to work with Congress
to try and make the bill even stronger and get key reforms that were lost in
negotiation put back into the bill鈥攔eforms such as even more detailed
transparency reporting provisions, and new 鈥榮uper-minimization鈥 procedures that
would require the government to destroy records it collects under PATRIOT Act
section 215 that aren鈥檛 related to terrorism or espionage investigations.
鈥淭his latest version of USA FREEDOM is far
from perfect, but it will definitively end the NSA鈥檚 bulk records collection
program, and would represent a clear victory for reformers that we could then
build on as we begin to address even bigger and more worrisome programs like
the NSA鈥檚 broad programs of Internet surveillance conducted under Section 702
of the FISA Amendments Act. Passing USA FREEDOM now, using the upcoming
expiration of Section 215 as leverage, is our last, best chance for meaningful
surveillance reform in the foreseeable future. Anyone in Congress who
cares about ending bulk surveillance by the NSA should support this bill,
because the most likely alternatives if this bill fails are either a sham
reform bill that鈥檚 much weaker, or a straight reauthorization of Section 215
with no reform at all. At this point, a vote against USA FREEDOM is a vote
against surveillance reform, period, even if it鈥檚 motivated by a desire for
stronger reforms. We want more reforms too鈥攂ut the best way to get them is to
succeed in passing USA FREEDOM now and then build on that success, rather than
let this opportunity slip by.鈥
A chart comparing today鈥檚 bill to last year鈥檚 Senate
version of USA FREEDOM, as well as to the version of last year鈥檚 House USA FREEDOM
Act that was approved by the Judiciary Committee, can be found .