Meanwhile, under the secret presidential order for Stellar Wind, the NSA began several types of collection.
One of these, which involved collecting the contents of international email and phone communications without any court order, was revealed to the public in a December New York Times article.
Although legal scholars and civil liberties organizations decried the illegality of and threats posed by this surveillance, ultimately Congress codified a version of the program as Section of the Foreign Intelligence Surveillance Act FISA when it passed the FISA Amendments Act of Over the past twenty years, Congress has periodically debated whether to adopt reforms or otherwise modify U.
When Congress initially enacted the Patriot Act, 16 of the provisions were subject to sunset clauses , meaning that they were set to expire after four years unless Congress reauthorized them. From through , Congress repeatedly reauthorized these three surveillance authorities with new sunset dates.
Further, Congress has continued to renew Section of FISA with sunset dates on a different schedule, with the next sunset date set for December Despite the continuing need to implement fundamental safeguards , only one of these periodic reassessments has led to meaningful reform of surveillance authorities: the review that resulted in Congress enacting the USA FREEDOM Act in By contrast, when Congress reconsidered Section two years later, it enacted some new transparency measures, but ultimately , no meaningful reform.
The arrival of the most recent sunset date in came amid renewed — and politically unusual — controversy over surveillance, with critical attention from both the right and left wings of the political spectrum. However, the House and Senate passed two different versions of the legislation and never reconciled their differences. An aide told Politico that Patty Murray would have voted yes had she been there, but the senator was not in Washington, DC, when the vote occurred.
The vote was for an amendment to the controversial Patriot Act, which would have expressly forbidden internet browsing and history from what the government is allowed to collect through the approval of a secret court.
The government has an established history of using this method to collect certain types of data about millions of Americans without their knowledge. Ron Wyden, a Democrat who sponsored the amendment, told Recode. A little history is useful here. The Patriot Act gained newfound infamy in , when former National Security Agency NSA contractor Edward Snowden leaked highly classified documents that revealed how the law was being used to secretly surveil Americans.
Among other things, the Patriot Act permitted the federal government to collect millions of phone records through a provision best known as Section This court had little oversight and approved nearly every request that came before it, provided that the government said the information was relevant to an investigation into foreign terrorism or intelligence.
When the Patriot Act came up for renewal in , Congress enacted a number of reforms in response to the public outcry over the Snowden revelations. Among the reforms therein were provisions for increased oversight and transparency. Requests for data such as phone records had to be limited in scope, and bulk collections such as those revealed by Snowden were forbidden. The fact that the investigation into the Trump campaign was conducted partially through FISA applications — some of which, the IG found , had inaccuracies and omissions — made reforms to the USA Freedom Act and the secretive court system particularly desirable to some Republicans.
What matters now is that this landmark legislative provision is allowed to sunset, and the reform process for the authority to access private data by law enforcement agencies begins anew. Whether we will see this hope come to fruition, however, remains to be seen. Reform or Expire Enough is enough: Let it expire Congress extends Section surveillance program What happened to FISA reform?
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