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

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JimWhiteGNV @joanneleon Only silver lining is that ten day forecast now has warmer weather for my Gators baseball opening night on the 19th.
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JimWhiteGNV Shit is fucked up and bullshit. https://t.co/R3hCrIZRUH
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bmaz @jrosenbaum @AntonioFrench Not normally how it works!
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bmaz @tnyCloseRead Well if she is paying for it, at least now she can afford it!
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emptywheel @Krhawkins5 I was already noting that GOP here in MI might regret eliminating straight ticket voting.
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emptywheel RT @Krhawkins5: But of course one of them would always pick rock, one paper, and one scissors
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emptywheel RT @Krhawkins5: I was going to suggest that Rubio Bush and Kasich settle who becomes establishment GOP candidate with a rock paper scissors…
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emptywheel The only time that humans seem to exhibit the absolute self-interest economists insist they do is in Republican primaries.
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bmaz It's good that there are constants in the world https://t.co/tpkHwxK3Vg
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emptywheel @JasonLeopold Looks less dangerous than Brennan today after he got confronted w/the apology letter you refused to bury.
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bmaz RT @MattBruenig: woooo this is fun, is everyone having fun? I am https://t.co/lGCtexmsfK
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emptywheel @pzukerberg Probably as Jewish as Sanders: Sanders just hasn't replaced it with anything.
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