Massie-Lofgren Would Shut Down ALL Back Door Searches under Section 702

There are two details about the Massie-Lofgren Amendmentwhich passed the house by a 293-123 vote last night — that are currently being missed. First, the bill would shut down all back door searches under Section 702.

Except as provided in subsection (b), none of the funds made available by this Act may be used by an officer or employee of the United States to query a collection of foreign intelligence information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) using a United States person identifier.

That means it would apply to FBI, in addition to CIA and NSA (which is what some people are reporting).

That’s the other detail people are missing. According to the John Bates opinion in which he first authorized back door searches for NSA and CIA in 2011, a third agency, which another document says is the FBI, had had that authority going back to 2008. According to the same language, FBI also had the authority to conduct back door searches on traditional FISA taps, which they would retain under this amendment.

 

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10 Responses to Massie-Lofgren Would Shut Down ALL Back Door Searches under Section 702

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JimWhiteGNV RT @AntonioFrench: Don't let fear or violence further divide our city. Reject both. Pray for peace. Work for justice. Push for change.
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emptywheel @KevinBankston Thanks. I stand corrected. @MiekeEoyang
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JimWhiteGNV RT @thinkprogress: REPORT: Black male teens are 21x more likely to be killed by cops than white teens http://t.co/GEl0PkEUR2 http://t.co/GU
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JimWhiteGNV RT @emptywheel: Q: If Hagel can be fired for sitting through meetings without uttering a word, can we fire Clarence Thomas on same grounds?
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emptywheel Q: If Hagel can be fired for sitting through meetings without uttering a word, can we fire Clarence Thomas on same grounds?
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bmaz @AdamSerwer @michaelhayes ...officially on the record as a misdemeanor. Angela Corey sucks.
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bmaz @AdamSerwer @michaelhayes Further, when her probation has concluded after two years, the charge will automatically be reclassified....
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bmaz @AdamSerwer @michaelhayes I just had a client who fired a gun straight up in the ceiling during DV incident. She got probation+no jail.
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emptywheel @MiekeEoyang I get that--just saying they need to be approached in related fashion. Same w/Title 18 and Title 50 hacking. @KevinBankston
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bmaz @armandodkos @TheDailyEdge @imraansiddiqi Its barely even time to get processed; they'll never transfer. Could be wrong, but don't think so
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bmaz @F1grid None of those. The Silver Arrows of Fangio.
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bmaz @armandodkos @TheDailyEdge @imraansiddiqi but the time going forward will almost certainly be served in jail not prison.
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