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 @mucha_carlos @JoshMBlackman Well OLC said no to Obama's Libya war as Josh pointed out. The hospital deal kind of different thing, but yeah.
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bmaz RT @conor64: I keep hearing Americans are panicking over ISIS. D.C. is panicking. On the streets of America, no one is panicked. Ask around…
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bmaz RT @AntheaButler: but we go after ISIS because they are barbaric and we have people who shoot down their 6 grandchildren.....
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bmaz @mucha_carlos @JoshMBlackman Well, more than you'd think probably, but OLC renders a lot of advisory opinions not as consequential as war
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bmaz RT @dcbigjohn: Most transparent administration ever won't say if the NSA is doing business with an official's husband http://t.co/b2M5IIaGMi
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bmaz .@JoshMBlackman Dunno about "cementing" any integrity of OLC, not sure they have much, but if even rather pliable OLC won't buy Obama war...
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bmaz @BradMossEsq @robertcaruso It is not yet unconstitutional, but it will be soon. Separation of powers matter.
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bmaz RT @Mansfield2016: Alison Lee is Obama's 7th nomination to directly fail as a result of the blue slip
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bmaz @HanniFakhoury Yes, but it sure helps that the verdict and govt.'s argument are absolutely absurd.
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emptywheel @KevinBuist Just barely missed the opportunity to slap a sign on them and chat up some votes. @WOODTV
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emptywheel @conor64 Wouldn't that require getting out of DC? Scary.
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bmaz @FedcourtJunkie @ScottKGraham Was there any mention of Merry Chan's little Tuesday night stunt?
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