RuppRogers Fake Dragnet Fix Would End (?) Bulk Firearm Record Collection, But Not Bulk Credit Card Record Collection

I’m just beginning to go through the House Intelligence Fake Dragnet Fix bill — what I will henceforth call the RuppRogers Fake Dragnet Fix.

It does have some improvements — the kind of bones you throw into a legislation to entice members of Congress to back what is in fact a broad expansion of surveillance.

One of those is a prohibition on the use of FISA (presumably including Section 215) to engage in bulk collection of certain kinds of records:

Notwithstanding any other provision of law, the Federal Government may not acquire under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) library circulation records, library patron lists, book sales records, book customer lists, firearm sales records, tax return records, education records, or medical records containing information that would identify a person without the use of specific identifiers or selection terms.

I find this interesting, for one, because it is yet another piece of evidence that suggests the government has been using Section 215 (and National Security Letters, probably) to make its own firearm registry, in defiance of congressional intent.

But I also find it instructive to compare this list:

  • Some but not all library and book records
  • Firearm sales records
  • Tax return (but not other tax) records
  • Education records
  • Some but not all medical records

With the list laid out in this letter from Ron Wyden and Mark Udall and others.

  • Credit card purchases
  • Pharmacy records
  • Library records
  • Firearm sales records
  • Financial information
  • Book and movie purchase records

I would assume from the difference that NSA was unwilling to give up certain kinds of bulk collection, notably credit card and non-tax return financial records.

I think the use of Section 215 to collect gun records is patently illegal, even though I might support a gun registry if passed legislatively. But if we’re going to roll back that collection, let’s roll back the bulk financial record collection as well.

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One Response to RuppRogers Fake Dragnet Fix Would End (?) Bulk Firearm Record Collection, But Not Bulk Credit Card Record Collection

  • 1
Emptywheel Twitterverse
bmaz @emptywheel @ryanjreilly I wonder if federal employee rights came into play in determining the disposition and punishment.
25mreplyretweetfavorite
bmaz @emptywheel @ryanjreilly Yep. That is where intent comes in. Not suggesting shouldnt have been more punishment honestly just asking question
26mreplyretweetfavorite
JimWhiteGNV All of Huckabee's denying he ever wanted to kill anybody sounds really suspicious. Do we know for SURE where he was when Vince Foster died?
29mreplyretweetfavorite
JimWhiteGNV Prediction: Pac's shoulder will take 3+ years to heal. May-Pac rematch in 2020 to be sponsored by AARP.
39mreplyretweetfavorite
emptywheel @ShawnMusgrave Yes. I'm apparently not on THAT blacklist. Yet. Now stop tweeting me before they catch on, wouldya?
1hreplyretweetfavorite
emptywheel @ShawnMusgrave Which doesn't solve the underlying issue.
1hreplyretweetfavorite
emptywheel @ShawnMusgrave God forbid you be able to check FOIA bills bc you're a nuisance.
1hreplyretweetfavorite
emptywheel @bmaz According to your theory of "DEA always does WOT crimes 1st," should be looking for "forgotten" non-US ghost detainees. @ryanjreilly
1hreplyretweetfavorite
bmaz .@ryanjreilly What occurred here is outrageous; yet, if was truly a mistake with no intent, what should the punishment be? Honest question.
1hreplyretweetfavorite
bmaz RT @ggreenwald: NEW: How the NSA converts spoken words into searchable texts - that can be stored & searched forever https://t.co/rYvmpEEe
1hreplyretweetfavorite
emptywheel @selfagency Spouse is Irish, where that is also used, with a fairly light accent. It has taken some training.
1hreplyretweetfavorite
emptywheel @selfagency Maybe pretend you're English where that slur has a different connotation?
1hreplyretweetfavorite
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