Tag Archives: leahy

USA FREEDOM Act Fails to Advance in Senate

Cross-posted from ARL News

ARL is disappointed that the US Senate failed to advance the USA FREEDOM Act (S. 2685), a bill that would have provided meaningful reform to current National Security Agency (NSA) surveillance practices and protect civil liberties. A November 18, 2014, evening vote on Senate Majority Leader Harry Reid’s (D-NV) cloture motion to proceed with the USA FREEDOM Act fell two votes shy of the necessary 60 votes.

The USA FREEDOM Act, reintroduced by Senate Judiciary Committee Chair Patrick Leahy (D-VT) in July, would have ended the current practice of bulk collection of phone records and prevented bulk collection of other records under Section 215 of the USA PATRIOT Act, also known as the “library records” or “business records” provision. Additionally, S. 2685 included several reforms to the Foreign Intelligence Surveillance Court (FISC), such as requiring unclassified summaries of FISC opinions with information necessary to understand the impact on civil liberties and creating a Special Advocate position charged with protecting privacy and civil liberties. Leahy’s bill also included enhanced transparency provisions.

The USA FREEDOM Act had broad support of advocacy groups and technology companies. The bill also gained support from key individuals, including President Obama, Director of National Intelligence James Clapper, and Senate Intelligence Committee Chair Dianne Feinstein (D-CA).

Section 215 of the PATRIOT Act will expire in June 2015 unless the US Congress votes to reauthorize the provision, and a continued fight over this provision is expected. Last year, revelations about the NSA program, including the breadth and scope of bulk collection of data, raised serious concerns regarding curtailment of civil liberties and the compatibility of these programs with the Fourth Amendment to the US Constitution. Even prior to these disclosures, the library community expressed reservations regarding overly broad national security powers and has repeatedly urged for necessary reforms.

While ARL is disappointed that the US Senate failed to address the serious civil liberties concerns raised by NSA surveillance practices and bring the USA FREEDOM Act to a vote, the Association remains hopeful that meaningful reform can still be achieved as the fight over bulk collection of records continues. ARL is grateful to Chairman Leahy for his leadership on NSA reform and looks forward to continuing to work with his and other offices on these important civil liberty issues in the future.

Senate Majority Leader Reid Moves USA FREEDOM Act One Step Closer

On Wednesday, November 12, 2014, Senate Majority Leader Harry Reid (D-NV) filed a motion for cloture on the USA FREEDOM Act, bringing the legislation one step closer to passage. Senator Patrick Leahy (D-VT) introduced a revised version of the bill in July 2014 which includes significant improvements over the version passed by the House of Representatives (H.R. 3361) on May 22, 2014.

Leahy’s version of the USA FREEDOM Act includes more effective language to end bulk collection and protect civil liberties as well as strengthened oversight and transparency provisions. The bill garnered bipartisan sponsorship and has a long list of supporters, including ARL.

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.