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
emptywheel @chucktodd Except even the public record available right now shows that's not right. @Krhawkins5
1mreplyretweetfavorite
emptywheel @drgrist But only on black Friday because they're probably going crazy shopping and so have it coming or maybe just won't notice.
4mreplyretweetfavorite
emptywheel @puellavulnerata To be fair, CIA has been known to have terrible OpSec (cf the Abu Omar rendition).
5mreplyretweetfavorite
bmaz RT @paulwaldman1: Why the Supreme Court should be the biggest 2016 issue: http://t.co/Qf8FKB9QOj
7mreplyretweetfavorite
bmaz @mirriam71 "Lifestyles of Glamorous Criminal Defense Attorneys" R Us. No robe, but am in sweats from last night.
10mreplyretweetfavorite
bmaz @mirriam71 Well, I have already eaten a giant plate of leftovers, and mixed the first margarita. Watch out!
24mreplyretweetfavorite
bmaz @mirriam71 No, I am laughing. Also, I walked straight into that wall.
29mreplyretweetfavorite
bmaz @mirriam71 I actually was gonna respond to other dude who was equivocating; but decided not to twitter fight with a dope.
32mreplyretweetfavorite
bmaz @mirriam71 Nobody ever.
33mreplyretweetfavorite
bmaz @mirriam71 No can do. Unless it was pointed at the cops, it is bullshit.
35mreplyretweetfavorite
bmaz @seanpaulkelley Seriously, looking good.
53mreplyretweetfavorite
bmaz @mellowtoo_hype @SpaceCoastLaw @FAFSA I bill at $350/hr. Fucking FAFSA cost me four hours to get a $500 grant for my daughter #BiteMe
59mreplyretweetfavorite
March 2014
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