You can be forgiven for not noticing that IAA 2015 (H.R. 4681) was double-timed onto the House floor and passed last week. Congress did that deliberately, you bet.
The reason they did so is because this travesty (as yet unsigned by Obama, though it’s all but a given) contains a section (309) that statutorily authorizes spying on U.S. citizens sans any legal process.
Of all the corrupt and bought-off Congress critters there, only Representative Justin Amash (R-MI) attempted to call attention to the draconian bill. In fact, without Amish’s demanding a roll call the Congess critters would have passed this piece of shit on a “voice vote”, wherein no record is kept as to who voted what. 1
“When I learned that the Intelligence Authorization Act for FY 2015 was being rushed to the floor for a vote—with little debate and only a voice vote expected (i.e., simply declared “passed” with almost nobody in the room) — I asked my legislative staff to quickly review the bill for unusual language. What they discovered is one of the most egregious sections of law I’ve encountered during my time as a representative: It grants the executive branch virtually unlimited access to the communications of every American.”
The intelligence reauthorization bill, which the House will vote on today, contains a troubling new provision that for the first time statutorily authorizes spying on U.S. citizens without legal process.
Last night, the Senate passed an amended version of the intelligence reauthorization bill with a new Sec. 309 — one the House never has considered. Sec. 309 authorizes “the acquisition, retention, and dissemination” of nonpublic communications, including those to and from U.S. persons. The section contemplates that those private communications of Americans, obtained without a court order, may be transferred to domestic law enforcement for criminal investigations.
To be clear, Sec. 309 provides the first statutory authority for the acquisition, retention, and dissemination of U.S. persons’ private communications obtained without legal process such as a court order or a subpoena. The administration currently may conduct such surveillance under a claim of executive authority, such as E.O. 12333. However, Congress never has approved of using executive authority in that way to capture and use Americans’ private telephone records, electronic communications, or cloud data.
Supporters of Sec. 309 claim that the provision actually reins in the executive branch’s power to retain Americans’ private communications. It is true that Sec. 309 includes exceedingly weak limits on the executive’s retention of Americans’ communications. With many exceptions, the provision requires the executive to dispose of Americans’ communications within five years of acquiring them — although, as HPSCI admits, the executive branch already follows procedures along these lines.
In exchange for the data retention requirements that the executive already follows, Sec. 309 provides a novel statutory basis for the executive branch’s capture and use of Americans’ private communications. The Senate inserted the provision into the intelligence reauthorization bill late last night. That is no way for Congress to address the sensitive, private information of our constituents—especially when we are asked to expand our government’s surveillance powers.
I’ll say it again: this allows information gleaned via warrantless federal surveillance to be transferred to local law enforcement for criminal investigations without a court order, subpoena or warrant.
This will now be the new “normal.” Privacy, even as a concept, is over in America.
Wake up, people.
- I can save the locals some time: voting YES were – (MO) Clay Jr., Cleaver, Graves, Hartzler, Long, Luetkemeyer, Smith and Wagner; (KS) Jenkins, Pompeo and Yoder’s penis; only Huelskamp voted NAY. Readers from other states checking on their own Representatives can click here. ↩
- Not that it did any good. Points for the effort, however. ↩
- As though Obama would pay attention to the petition, right? ↩