Intelligence bill bolsters warrantless spying on U.S. citizens

[rambone]

With virtually no warning or debate, the Intelligence Authorization Act for 2015 (H.R. 4681) was rushed to the House floor and passed, containing a dangerous section which, for the first time, statutorily authorizes spying on U.S. citizens without legal process.

“When I learned that the Intelligence Authorization Act for FY 2015 was being rushed to the floor for a vote — with little debate and only a voice vote expected (i.e., simply declared “passed” with almost nobody in the room) — I asked my legislative staff to quickly review the bill for unusual language. What they discovered is one of the most egregious sections of law I’ve encountered during my time as a representative: It grants the executive branch virtually unlimited access to the communications of every American.” — Rep. Justin Amash (R-MI)

Explained another way, this bill allows information gathered via warrantless federal surveillance to be transferred to local law enforcement for criminal investigations without any type of court order, subpoena or warrant. As pointed out above, this is a drastic change in the nature of the law.

Dear Colleague:

The intelligence reauthorization bill, which the House will vote on today, contains a troubling new provision that for the first time statutorily authorizes spying on U.S. citizens without legal process.

Last night, the Senate passed an amended version of the intelligence reauthorization bill with a new Sec. 309 — one the House never has considered. Sec. 309 authorizes “the acquisition, retention, and dissemination” of nonpublic communications, including those to and from U.S. persons. The section contemplates that those private communications of Americans, obtained without a court order, may be transferred to domestic law enforcement for criminal investigations.

To be clear, Sec. 309 provides the first statutory authority for the acquisition, retention, and dissemination of U.S. persons’ private communications obtained without legal process such as a court order or a subpoena. The administration currently may conduct such surveillance under a claim of executive authority, such as E.O. 12333. However, Congress never has approved of using executive authority in that way to capture and use Americans’ private telephone records, electronic communications, or cloud data.

Supporters of Sec. 309 claim that the provision actually reins in the executive branch’s power to retain Americans’ private communications. It is true that Sec. 309 includes exceedingly weak limits on the executive’s retention of Americans’ communications. With many exceptions, the provision requires the executive to dispose of Americans’ communications within five years of acquiring them — although, as HPSCI admits, the executive branch already follows procedures along these lines.

In exchange for the data retention requirements that the executive already follows, Sec. 309 provides a novel statutory basis for the executive branch’s capture and use of Americans’ private communications. The Senate inserted the provision into the intelligence reauthorization bill late last night. That is no way for Congress to address the sensitive, private information of our constituents—especially when we are asked to expand our government’s surveillance powers.

I urge you to join me in voting “no” on H.R. 4681, the intelligence reauthorization bill, when it comes before the House today.

/s/

Justin Amash, Member of Congress

Unfortunately, on December 10th, 2014, the 47-page intelligence bill passed, 325-100. However, since Rep. Amash requested a roll-call vote, we know the names those who backed it.

H.R. 4681: Intelligence Authorization Act for Fiscal Year 2015

Every congressman from Indiana supported it.

 

[Dosproduction]

Scum. They should be tried for treason each and everyone of them.

 

[mrjarrell]

Scum. They should be tried for treason each and everyone of them.

Feh. Everyone here on INGO will vote for them next time elections comes around.

 

[MilliJac]

How does this not conflict with the 4th Amendment?

 

[rambone]

How does this not conflict with the 4th Amendment?

Because the amendments don't mean what they say, just ask around.

Instead, we'll discuss whether spying "works to save lives."

 

[Dosproduction]

Feh. Everyone here on INGO will vote for them next time elections comes around.

Not I. But im not a RHINO so that is why. Man i coule be doctor sues

 

[MilliJac]

Because the amendments don't mean what they say, just ask around.

Instead, we'll discuss whether spying "works to save lives."

It is sad that you can even make a joke like that though. The language in the BoR is so clear that there really isn't any room for debate with honest individuals here. It would be nice if an oath actually meant something to our lawmakers. Ah well... we can dream.

 

[KLB]

Feh. Everyone here on INGO will vote for them next time elections comes around.

I doubt much of anyone on INGO voted for our Rep up here in District 1.

 

[mrjarrell]

I doubt much of anyone on INGO voted for our Rep up here in District 1.

Probably not, but they certainly did outside of it. And will next time around, too.

 

[BehindBlueI's]

Seems like if we're going to cheer torture, we should at least tolerate spying.

 

[Kutnupe14]

Yay Republicans taking the initiative! Like I said, 2 sides of the same coin.

 

[Henry]

With virtually no warning or debate, the Intelligence Authorization Act for 2015 (H.R. 4681) was rushed to the House floor and passed, containing a dangerous section which, for the first time, statutorily authorizes spying on U.S. citizens without legal process.“When I learned that the Intelligence Authorization Act for FY 2015 was being rushed to the floor for a vote — with little debate and only a voice vote expected (i.e., simply declared “passed” with almost nobody in the room) — I asked my legislative staff to quickly review the bill for unusual language. What they discovered is one of the most egregious sections of law I’ve encountered during my time as a representative: It grants the executive branch virtually unlimited access to the communications of every American.” — Rep. Justin Amash (R-MI)Explained another way, this bill allows information gathered via warrantless federal surveillance to be transferred to local law enforcement for criminal investigations without any type of court order, subpoena or warrant. As pointed out above, this is a drastic change in the nature of the law.Unfortunately, on December 10th, 2014, the 47-page intelligence bill passed, 325-100. However, since Rep. Amash requested a roll-call vote, we know the names those who backed it. H.R. 4681: Intelligence Authorization Act for Fiscal Year 2015Every congressman from Indiana supported it.

There will be plenty along soon enough declaring that if you haven't done anything wrong then there is nothing to worry about.

 

[Henry]

Yay Republicans taking the initiative! Like I said, 2 sides of the same coin.

Indeed...and the coin needs to be tossed in the deep blue sea...of placed on a train rail...or tossed in the smelter.

 

[jbombelli]

Figures. Damned libertarians.

 

[traderdan]

I often wonder that people focus on 2A issues, and fail to recognize truly devastating attacks on our liberty. Its like focusing on your opponent's fists...while being kicked in the nuts...

 

[GodFearinGunTotin]

Looks like those automated license plate readers in those police cars may have just gotten a new upgrade.

The section contemplates that those private communications of Americans, obtained without a court order, may be transferred to domestic law enforcement for criminal investigations.

 

[bingley]

I often wonder that people focus on 2A issues, and fail to recognize truly devastating attacks on our liberty. Its like focusing on your opponent's fists...while being kicked in the nuts...

Hey, don't take your eyes off the... OUCH!!!.... fists! OUCH!!!