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 Twitterverse
bmaz Obama's Bay of Pigs http://t.co/qi287R8by7
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JimWhiteGNV RT @AP_Sports: Why does A's pitcher Pat Venditte need this odd-looking glove? http://t.co/gNUb3AkVPZ (@JanieMcCAP) http://t.co/YWYy5Zcu9q
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emptywheel @remesdh That's why this should be general rule. Both parties do it. No reason we should be surveilled if they're not.
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emptywheel @remesdh It was never proven but I'm fairly sure they went back and doctored emails on Plame outing, destroyed several days.
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emptywheel I blame @joshgerstein for Hillary's email failures. If he weren't so damned insistent on reading Bill's emails, she might have followed law
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emptywheel Good thing Hillary didn't preside over agency that had 250,000 poorly secured emails stole--oh wait. She did?!?!
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emptywheel Oh wait?!?! That's too extreme? Well, consider it fire insurance for transparency. My house has never burned, but I have insurance anyway.
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emptywheel All govt agencies, all pols, will have email retained by NSA in a "lock box" with a "golden key" for 30 years (FBI retention term).
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emptywheel My new approach to surveillance activism is gonna be to require retention fr pols they demand of mere proles.
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emptywheel RT @johnjcook: we've known for two years that hillary conducted state business on an off-the-books email acct http://t.co/Xph2vpvePK
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emptywheel When multiple people simultaneously use the same dorky word in online twips about propaganda.
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