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
JimWhiteGNV Walked through heavy smoke few minutes ago. https://t.co/rkAeXA41Cc
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bmaz Probably the best America really has to offer the world artistic community this summer is indeed San Andreas w/Dwayne "L-Olivier" Johnson.
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emptywheel @iwelsh That's one of the problems: BC banks can always get out of jail by narcing their clients,... @TheTweetOfGod @JC_Christian
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emptywheel @StevenTDennis (Except in secret court rulings to piggy back something else, presumably.)
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emptywheel @StevenTDennis Interesting, thanks. I don't THINK that's in any reporting. And yet again they confirm they've never "used" Lone Wolf.
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emptywheel @iwelsh Some of the money was laundered thru a bank in US. And their BSA charges are... ? @TheTweetOfGod @JC_Christian
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bmaz @dmataconis I feel for the client. Deeply.
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bmaz .@dmataconis @CNN If Ficker did that affirmatively as a retained atty, then he is even more of a quack than I thought.
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bmaz .Um, should read "some kind of propriety expert" @CNN
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bmaz So, holy mother of god @CNN has freaking quack ass Bullets heckler Robin Ficker on as some of propriety expert?? Are you fucking kidding me?
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emptywheel It's not just "critics" who say phone dragnet has never helped catch a terrorist. The Admin admits it. http://t.co/oj0gOBdivN
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