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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emptywheel Did ACLU and EFF Just Help the NSA Get Inside Your Smart Phone? http://t.co/DwYP3Va4hw
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bmaz @espinsegall @rickhasen @OrinKerr Right. I am convinced there were already 5 votes but that RBG herself wasn't ready to do it on Perry.
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bmaz RT @ggreenwald: Can't believe that the agency that tortured, kidnapped, rendered, drones wedding parties, & destroys evidence would hack Se…
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bmaz RT @ggreenwald: If there's an award for Most Unsympathetic Surveillance Victim of the Millennium, Dianne Feinstein & her Committee has to b…
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bmaz Guilt by association and retconning reality http://t.co/dEiPYKOW9G via @@APubDef Particularized suspicion is on the endangered species list
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bmaz RT @NekoCase: This German dude is LITERALLY wearing an "Ass hat" http://t.co/jFSNKZYCJY
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bmaz @larsolsson Heh, no, not surprised. But pretty amused that the big Preet push is on across the board. And, yeah, Scheiderman too.
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bmaz @larsolsson Has weed already been legalized there in New York? Cause they are all smoking something.
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bmaz HAHAHAHAHA " aggressive Manhattan federal prosecutor Preet Bharara" HAHAHAHAHA *gasp* HAHAHAHAHAHAHA http://t.co/9ipzgPCNlT via @POLITICO
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JimWhiteGNV No, We Aren’t All Going to Die Because Ebola Patients Are Coming to US for Treatment http://t.co/3w7OSvB1yZ
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emptywheel RT @TimothyS: BAE buys IN-Q-TEL funded imagery and analytic company, firming up its intel ops. http://t.co/onrzEPCYpt
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