US Congress Lets 'Warrantless Wiretap' Law FISA Lapse (npr.org) 37
It's the U.S. law that allows wiretaps without a warrant for surveilling foreign targets. And the U.S. Congress just let it lapse. Sort of. NPR reports:
Each year, the provision is used by American intelligence agencies to collect the electronic communications of hundreds of thousands of foreigners located outside of the United States. The government says that more than 60% of the president's daily intelligence briefing relies on information collected under the authority. The tool officially lapsed at the end of the day on Friday. What happens now?
Intelligence collection under FISA's Section 702 is authorized annually by a federal court — and the law allows for that collection to continue for the duration of the court's authorization, even if the law lapses before the court's next approval. That means companies — electronic communications service providers, in this context — will still be legally required to turn over material to intelligence agencies.
Still, some lawmakers worry that the companies compelled to turn over communications may attempt to challenge the law in court, possibly leading to an indeterminately long window during which they stop providing intel. Advocates on all sides of the surveillance fight believe those challenges are ultimately likely to fail, but those closely linked to the intelligence community emphasize that even a small pause comes with risks ahead of major events like America's 250th celebration and the World Cup.
Intelligence collection under FISA's Section 702 is authorized annually by a federal court — and the law allows for that collection to continue for the duration of the court's authorization, even if the law lapses before the court's next approval. That means companies — electronic communications service providers, in this context — will still be legally required to turn over material to intelligence agencies.
Still, some lawmakers worry that the companies compelled to turn over communications may attempt to challenge the law in court, possibly leading to an indeterminately long window during which they stop providing intel. Advocates on all sides of the surveillance fight believe those challenges are ultimately likely to fail, but those closely linked to the intelligence community emphasize that even a small pause comes with risks ahead of major events like America's 250th celebration and the World Cup.
Irony (Score:4, Insightful)
You know they probably fucked up and forgot about it. Dear Leader doesn't even read the briefings because they "say the same thing every day" https://abcnews.com/Politics/t... [abcnews.com]
Re: Irony (Score:5, Informative)
He lost.
But, but, but I'm not tired of winning yet! (Score:3)
The joke of the day explaining why nothing gets done is Rumplicans versus Dumbocrats. The orange-nosers can't see or smell any problems because their noses are firmly inserted and the other side is too busy running around and hunting for flying elephants.But betwixt and between the two of them the country is going to heck in the proverbial handbasket.
It's not just that America has become unable to change and solve real problems. Sometimes the Constitution needs to be amended. But now it's reached the point
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radical: Become ungovernable!
Congress: We're haven't governed for a very long time.
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Dear Leader doesn't even read the briefings because they "say the same thing every day" https://abcnews.com/Politics/t... [abcnews.com]
Yeah, I was gonna say... regardless of my personal dislike for the wireless wiretap law, it lapsing will be more of a problem for the next president - the current one wants his briefings to focus on news clips that mention him.
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Risk (Score:5, Insightful)
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good? (Score:2, Interesting)
Re:good? (Score:4, Interesting)
The important question: what replaces the old way? Nowadays, governments see basically anything/everything about their citizens private lives. That’s a given. So, now what? The way I see it, there are three models. In the Russian model, anyone identified as a potential troublemaker goes pavement surfing from a hotel balcony or gets a dose of novichok in the tea. In the Chinese model, any troublemakers disappear for six months of “re-education”. In the American model, the government watches, but doesn’t take any action until a violent crime is imminent. Heck, that’s not quite true. In the American model we generally won’t take any action until AFTER the crime is committed. We’re actually really committed to this form of freedom. Our government will stand by and watched a clearly mentally ill, pissed-off 19 year old guy acquire assault riffles, ammo and tactical gear, and then basically announce on social media that he’s gonna shoot up a school. Nobody does anything until AFTER the shooting.
I’ll take the American model over the others. Any day of the week. It’s got problems, but the other ways are worse.
The change in the warrantless wiretapping law won’t have any significant effect. Privacy laws have gaping loopholes. All the government has to do is set up a single FISA judge with an overclocked autopen, and it can get legal permission to monitor as many US citizens as it pleases.
Again, the important question is not IF the information is being collected. The important question is WHAT is done with the info?
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So sad, then, to see America turning away from the American model. Every week brings another story of a precrime project from the police, preclearance needed for media to run a story, and a TSA precheck at the airport rummaging through your phone and social media accounts. Just off the top of my head.
Re:good? (Score:4, Informative)
The important question: what replaces the old way?
It's already been replaced with private companies doing things that require warrants for government agents to do. And they're doing it en masse, and the government simply buys the data from them. Think Flock, Ring, various data aggregators that you don't know the names of but the government sure does.....
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Our government will stand by and watched a clearly mentally ill, pissed-off 19 year old guy acquire assault riffles, ammo and tactical gear, and then basically announce on social media that he's gonna shoot up a school. Nobody does anything until AFTER the shooting.
Clearly you think everyone is treated equally. There are a few decades worth of precedent you could use to disabuse yourself of that blind spot.
The question isn't if it's collected the question is if there are procedures in place to hamper it's use as much as plausible and to create actual jeopardy for misuse. As one of my friends put it, the question isn't if they're going to have CCTV cameras, it's:
1) Will those cameras be somewhat limited in placement? (e.g. major roads, monuments, et al.)
2) Will
nothing will change (Score:3)
already the gov’t can demand records even after the law has expired until the court’s authorization expires. even after that, there will always be a reason why they can continue to collect. once the tap is open, it is impossible to close.
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It's not like the-rule-of-law applies any longer anyway. Trump has long taken a sledgehammer to the bureaucracy that kept the law wheels turning.
The Supreme Court has even ruled that the President is above the law.
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it's an incompetent thing and changes to law due to spite or ignorance or corruption probably isn't good even if it this was a good thing to lapse because the reason it lapsed. its a sign of bad governance and i doubt trump himself could tell you if this is good or bad because he does not care and does not understand what it means to govern
Trump put a really crazy asshole (Score:5, Insightful)
This was Congress telling Trump he couldn't have his pick without directly opposing him because direct opposition risks a primary Challenger.
Anyway Trump backed down so it'll get renewed here in a few weeks. Nothing to see here just a little back room politics.
It is frustrating how completely fucked up our politics are because Republican primary voters are bat shit insane. On the other hand if you're voting Republican in this day and age you're pretty far gone.
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And the Congressional comeuppance to Trump was to let the intelligence framework they have used since 2015 lapse.
They sure took him to the woodshed, huh?
If probably will get put back. They can't let go of the keys to all that data. And you know how they will use it.
No not exactly (Score:1)
Trump's pick was already going to dismantle the apparatus and the entire process while also giving Trump a powerful tool to attack his personal political enemies. And the Republican party have started to realize that includes them.
I wish the American people could do the same but well, here we are
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" dismantle the apparatus"
"also giving Trump a powerful tool "
I see what you did there...
Don't worry, something worse is coming. (Score:2, Interesting)
Sec. 622 of this proposed bill. https://www.congress.gov/119/b... [congress.gov]
Basically giving all US intelligence to Israel.
Re: Don't worry, something worse is coming. (Score:2)
That font made my eyes bleed.
Laws? (Score:2)
Because they will no longer obey any laws going forward. The law was there as a check point whenever they overstepped. Now it's the wild west with no restrictions. It's time to start putting all the "snooped" words into every email as an attachment to flood their systems with false positives. Start with everything that youtube flags and work from there.
AI to the rescue! (Score:2)
Don't worry plebians. Just because the Government can no longer legally surveil you using old manual methods doesn't mean that you will be left unsupervised!
Our new AI system will monitor all communications in real-time. Homeland Security, with operational support from the Department of War, will act to ensure your compliance. The system is predicted to be 100% accurate*.
*or not.
"Patriot Act" (Score:1)
Patriot act next?
Warrantless wiretapping of Americans (Score:4, Insightful)
It should never pass if it permits violating Americans' 4th amendment rights.
Is it even relevant? (Score:2)
Is it even relevant when the government doesn't seem to give a flying fart for any kind of law?
Good! (Score:2)
The DOJ didn't care that the FBI leadership ordered the illegal surveillance for personal and political reasons. They were all on the same team misusing their powers.
Since the the DOJ and FBI are not worthy of trust, they should not have the power.