CD098: USA Freedom Act: Privatization of the Patriot Act

It's law! The USA Freedom Act, which reauthorizes and privatizes portions of the Patriot Act, is being called a victory for privacy... but it's not. In this episode, find out all the details of the bill that was signed into law just hours after this episode was recorded, including how it continues bulk data collection and lets the most powerful men in the United States get away with breaking the law. Executive Producer: Brandon K. Lewis Please support Congressional Dish: to contribute with PayPal or Bitcoin; click the PayPal "Make it Monthly" checkbox to create a monthly subscription to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! : USA Freedom Act of 2015 : FISA business records reforms The government will need to provide for the data being collected , unless that telecom is under investigation The term can't be a ", including the United States, a city, a county, a State, a zip code, or an area code" The term must be something that The government will have after the bill is signed into law Limits ongoing phone call record collection to unless extended Orders the telecoms the order from the government to turn over call records if he/she informs a judge and applies for the warrant within 7 days. , nothing collected under the Attorney General's emergency power will be admissible in court, "except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person." will be in charge of determining if the standards above are met. a clause that lets a a protest from a company fighting a FISA order to any company that hands over information under a FISA order or an emergency order from the Attorney General for "expenses incurred" producing the information or assisting the government with FISA or emergency orders will not include the contents of the call, the person's name, address or financial information, or the cell phone's GPS location. The bill expressly says that , as authorized in by the Foreign Intelligence Surveillance Act of 1978 : FISA pen register and trap and trace device reform for the use of tracing devices installed to track phone numbers dialed in monitor Internet communications. : FISA acquisitions targeting person outside the United States reforms can be waived if the government fixes whatever illegal thing they were doing, which Within 180 days after enactment, FISA court judges will pick at least five people - "friends of the court" - to . for the amicus curiae participation. if the amicus curiae's participation is appropriate The Director of National Intelligence "to the greatest extent practicable" any FISA court decision that includes "a significant construction or interpretation of any provision of law" The decision, order, or opinion can be released to the public The Director of National Intelligence to make FISA decisions, orders, and opinions public as long as they say it's "necessary to protect the national security of the United States or properly classified intelligence sources or methods". : National Security Letter reform Letters served by the FBI to telecoms that allow the FBI to secretly demand data. There is a gag order on anyone who receives these letters, guaranteeing that the public is not told and that there is no judicial review. if the order "specifically identifies a person, entity, telephone number, or account as the basis for a request". There , preventing companies from telling anyone that the FBI is requesting the information, as long as the order also has a notification of the telecoms and if the : "A danger to the national security of the United States" "Interference with a criminal, counterterrorism or counterintelligence investigation" "Interference with diplomatic relations" (new) "Danger to the life or physical safety of any person" : FISA transparency and reporting requirements Orders the government to submit a bunch of new reports to Congress Allows companies served with National Security Letters to approximately how many NSLs they've received They can only report the number of FISA orders and NSLs subject to a gag order They can only report the number of FISA orders and NSLs not subject to a gag order . They can report twice a year on the total number of orders, directives, and NSLs served These reports are only allowed to cover NSLs Once a year, they can report on the total number of orders, directives, and NSLs they were required to comply with to the The FISA court, if their ruling , will have to submit their decision or denial of disclosure petition to Congress within 45 days : Enhanced national security provisions Emergency monitoring of a person outside the United States is Extends PATRIOT Act and Intelligence Reform and Terrorism Prevention Act of 2004 provisions . : Safety of Maritime Navigation and Nuclear Terrorism Conventions Implementation of people suspected of trying to harm a United States ship Gives a to a person who with intent to damage people or property or . Sound Clip Sources : House Judiciary Committee Markup of H.R. 2048 from April 28, 2015 : May 20, 2015 : May 31, 2015, Part 1 : May 31, 2015, Part 2 : President George W. Bush speaks at Kansas State University, January 23, 2006. : President Barack Obama on The Tonight Show with Jay Leno, August 6, 2013. : Director of National Intelligence James Clapper lies to Congress, March 12, 2013. : HBO, October 5, 2014 Information Presented in This Episode USA Freedom Act Article: by Ellen Nakashima and Mike DeBonis, Washington Post, May 11, 2015. Article: by Jennifer Steinhauer, New York Times, May 13, 2015. Article: by Associated Press, April 30, 2015. Article: by Thomas Fox-Brewster, Forbes, May 14, 2015. Article: by Spencer Ackerman and Sabrina Siddiqui, The Guardian, May 13, 2015. Patriot Act Expiring Provisions Legal Summary: by Mary DeRosa, American Bar Association. Legal Summary: by Mary DeRosa, American Bar Association. Legal Summary: by Mary DeRosa, American Bar Association. NSA Surveillance System Article: by James Risen and Eric Lichtblau, New York Times, December 16, 2005. Article: by James Bamford, Wired, March 15, 2012. Article: by Aliya Sternstein, Defense One, July 25, 2013. Article: by Barton Gellman, Julie Tate, and Ashkan Soltani, Washington Post, July 5, 2014. Editorial: by John Napier Tye, Washington Post, July 18, 2014. Podcast Appearance : Effective NON-Marketing Ways to Grow Your Podcast - Interview with Jen Briney Music Presented in This Episode Intro & Exit: by (found on by mevio) by Rhythm, Rhyme, and Results by (found on by mevio)