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
emptywheel @BradMossEsq But if it doesn't do what it is supposed to do, then we should talk about that, bc then we can shut it down.
32mreplyretweetfavorite
emptywheel @BradMossEsq Just you. I've never been opposed. I'm opposed to its misuse. Upstream is prone to problems, per a pushover FISA judge.
32mreplyretweetfavorite
emptywheel @mokecule VERY many WH journos show up to every briefing knowing there's almost no chance they'll get called. They still go.
34mreplyretweetfavorite
emptywheel @mokecule Does that change the value at all of sitting and listening for the gross majority who don't get called?
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emptywheel RT @PGEddington: ICYMI: My latest on @Medium: “When Intelligence Become Advocacy” https://t.co/d9c9jly8DK
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emptywheel @KimZetter A second run then! You can benefit from Sony hack along with 133,726 consulting firms.
39mreplyretweetfavorite
emptywheel LOLOLOL It is SO perfect that Roger Cohen doesn't think having boys sit and listen to girls ask questions is good for them.
39mreplyretweetfavorite
emptywheel RT @DougJBalloon: Most entitled media whine ever? MT @NYTimesCohen WH might have advised male correspondents they could split on vacation e…
42mreplyretweetfavorite
emptywheel @GregoryMcNeal It is. Bc I've been wondering all day when someone would say that to justify "proportional" response. @jacklgoldsmith
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emptywheel @KimZetter And that was before Sony, presumably.
44mreplyretweetfavorite
emptywheel @GregoryMcNeal Just to be clear, my offer for beer for someone finding WHITE HOUSE saying that still stands.;p @jacklgoldsmith
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emptywheel @GregoryMcNeal And here I was letting them off easy (and have been noting WH has not claimed Sony was CI). @jacklgoldsmith
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