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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bmaz RT @PoliceLawProf: If you read nothing else today, read this: "No 'Officer Safety' Exception to the Constitution." http://t.co/rYG36wXdxu
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emptywheel @Krhawkins5 It was on CSPAN so the vid plus their close-cation is there. @astepanovich @jmhattem
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emptywheel @robertcaruso Mitt, un-not-running? Oh wait. That doesn't work.
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bmaz RT @stephenlemons: .@dougducey suspends enforcement against Uber, Lyft. so AZ should be OK w/Obama's exec action on immigration. right, @ge
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bmaz @MDAppeal @fedcourts Great judge too. Sadly, the liberal lions Carter appointed to the 9th are on their last legs.
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JimWhiteGNV RT @Sunny_In_Kabul: Why'd US Army classify its @SIGARHQ response? Spoiler: it's not about $$$. http://t.co/f5ysX0Uc3e http://t.co/nLGxTtcay2
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JimWhiteGNV Campbell's not hiding money. He's hiding a disappearing army. http://t.co/7uWO09BcGL via @sunny_in_kabul
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JimWhiteGNV RT @rcooley123: Mississippi Wouldn't Allow This Teacher to Show Kids How to Use a Condom. His Simple Solution Is Brilliant. | http://t.co/
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emptywheel @DevlinBarrett Does that mean they're just going to bury his concerns later, under the weight of others on the board?
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emptywheel RT @DevlinBarrett: JusticeDept Backs Down in Fight With Judge Over Science Evidence - WSJ http://t.co/XNuMHj0aSy
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