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

Emptywheel Twitterverse
emptywheel Hmmm. Wait for @ddayen's Chain of Title to come out on Audible, which means I'll read it sooner, or buy now? https://t.co/Nc9TfThh1N
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emptywheel @theurbansherpa Pretty deadly too.
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emptywheel RT @hshaban: RNC and DNC handing out thumb drives: “Those thumb drives are the number one way to infect a computer." https://t.co/VwJHlFyvv
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emptywheel @quibbler Yes. As I said, pointedly NOT one of the servers known to have been hacked by Russia.
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emptywheel @theurbansherpa Ut oh. Did you get some horrible disease again?
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bmaz @Pedinska @ggreenwald Whistleblowers
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emptywheel @quibbler That's not one of the govt networks the Russians are known to have hacked, but others are.
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bmaz @Pedinska @ggreenwald Uh, no, I have no problem with the way the statute is being interpreted. Though similar deference ought be given WB's.
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emptywheel @palliddh Agree, and while I'd be happy to be rid of Trump I don't much approve of doing it w/Intel panic.
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bmaz @Will_Bunch Will, she need to know to ascertain how far to the right to move to pick up a few hundred of them.
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emptywheel You'd almost think the GOP didn't want IRS to have enough enough inspectors to collect taxes from rich people... https://t.co/55qaukWH2v
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bmaz @ai002h I'll agree you changed the framing from my original tweet and thus created your own distinction from my statement.
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