Tag Archives: Section 215

Coalition Calls for Swift Passage of USA FREEDOM Act; Express Concerns Over Cybersecurity Information Sharing Act

On September 4, 2014, the Association of Research Libraries joined a coalition of 43 civil liberties, human rights and public interest organizations sent a letter to Senate leadership supporting swift passage of the USA FREEDOM Act (S. 2685) and expressing concerns regarding the Cybersecurity Information Sharing Act of 2014 (CISA, S. 2588).

The letter urges the Senate to pass the S. 2685 in its current form, noting that this version of the USA FREEDOM Act would end bulk collection of records under Section 215 of the USA PATRIOT Act, a provision known as the “library records” or “business records” provision,” as well as under National Security Letter authorities. As the letter explains, S. 2685 also provides for other significant reforms including enhanced transparency, appointing of a special panel of civil liberties and privacy advocates to the FISA court, and limiting the purpose for which call detail records collected under Section 215 may be used.

Given these improvements, the signatories to the letter are “eager for Congress to pass this legislation swiftly and without weakening the bill.” As these groups previously expressed, Congress should not weaken the USA FREEDOM Act through consideration of new mandatory data retention requirements. The letter urges the Senate to make passage of the USA FREEDOM Act (S.2685) a legislative priority for September.

The letter then notes its opposition to and concerns regarding the CISA, pointing out that “Ironically, just as Congress is struggling to pass meaningful surveillance reform to rein in the NSA, the Senate Select Committee on Intelligence has approved a problematic bill that would give the NSA even more access to American’s data.” Advocacy groups have previously written to Congress and the President opposing CISA because the bill would pose serious threats to privacy by allowing information to automatically be disseminated to the NSA and other government agencies.

The letter concludes:

We therefore urge the Senate to swiftly pass the USA FREEDOM Act (S. 2685) without any amendments that would weaken its protections or create any new data retention mandates, and without taking up the Cybersecurity Information Sharing Act (S. 2588 in its current form. The Senate cannot seriously consider controversial information-sharing legislation such as CISA without first completing the pressing unfinished business of passing meaningful surveillance reform.

Senator Leahy Introduces New Version of USA FREEDOM Act, Includes Significant Improvements Over House Version

On July 29, 2014, Senator Leahy (D-VT) re-introduced a new version of the USA FREEDOM Act, co-sponsored by Senators Lee (R-UT), Durbin (D-IL), Heller (R-NV), Franken (D-MN), Cruz (R-TX), Blumenthal (D-CT), Udall (D-NM), Coons (D-DE), Heinrich (D-NM), Markey (D-MA), Hirono (D-HI), Klobuchar (D-MN), and Whitehouse (D-RI). ARL supports this version, which includes major improvements over the version passed in the House (H.R. 3361) on May 22, 2014, including more effective language to end bulk collection and protect civil liberties and strengthened transparency provisions. ARL has signed on to two letters supporting the new version of the USA FREEDOM Act, including one that focuses on the enhanced transparency provision and one that addresses the bill more comprehensively. Both letters urge Congressional leadership to act swiftly and pass the new version, without any dilution or amendment.

The version that passed the U.S. House of Representatives represented a significantly watered down version after changes were made by the House Rules Committee on the eve of the floor vote on the bill. Although the House passed the bill, half of the original House co-sponsors to the USA FREEDOM Act withdrew their support and opposed the weakened version because it did not go far enough in curtailing the Government’s ability to conduct bulk collection and failed to protect privacy and civil liberties in the same manner as prior versions. Organizations that originally supported the USA FREEDOM Act withdrew support for the House version and urged the Senate to ensure meaningful reform.

Leahy’s version narrowly defines a “specific selection term” in an effort to effectively curb bulk collection. It clearly prohibits the collection of broad swaths of information under Section 215—the provision known as the “business records” or “library records” provision—such as all information related to a broad geographic region (such as a city, state, zip code or area code). It also enhances minimization procedures, requiring the government to delete data it has collected on individuals that are not targets of the investigation or contacts of such individuals and limits the purpose for which call detail records may be generated.

The new version of the bill would also make several reforms to the FISA Court, such as requiring that unclassified summaries of FISC opinions include information necessary to understand the impact on civil liberties. It would also require disclosure of FISC opinions of “new construction or interpretation of the term ‘specific selection term.’” It provides further protections by providing for a Special Advocate position charged with protecting privacy and civil liberties and requires that the Office of the Special Advocate has access to relevant legal precedent and materials necessary to participate in FISC proceedings.

Finally, Leahy’s new version improves on the House version through enhanced transparency provisions. It requires the government to report on the number of U.S. persons whose information was collected and number of searched conducted under Section 215. It reduces the time a company must wait after receiving a FISA order before reporting on it from two years to one year.

A detailed comparison between the House-passed version and Senator Leahy’s new version is available through the Center for Democracy and Technology.