We’re asking everybody to call their Congressmember (Massachusetts numbers below the fold) to support HR1466, the Surveillance State Repeal Act, a bipartisan bill we helped introduce that would truly end mass surveillance. This is why it matters.
On June 1, the part of the PATRIOT Act that has been used to legitimate the mass collection of all of our phone call information, and much else besides, will lapse, It’s a terrible provision known as “Section 215.” Section 215 allows the FBI – and, it appears, other intelligence agencies too – to collect “any tangible things” that are “relevant” to a terrorism investigation. As it turns out, the intelligence community has argued explicitly that every single call in the United States is “relevant”. So, it appears, if we don’t let the NSA know exactly when I called the Danish Pastry House in Watertown about my one-year-old daughter’s first birthday cake, then ISIS will destroy us all.
There has been no legislation proposed yet from either chamber of Congress to renew Section 215. The intelligence community is panicking, and is apparently literally waving pictures of the burning Twin Towers at our elected officials, and telling them that if Section 215 lapses and there’s another attack, it’ll be the lawmakers’ fault and ISIS will destroy us all.
There may be a bill launched next week that would renew it, called the USA FREEDOM Act. Many civil liberties groups plan to support it, because it would also include reforms to Section 215, and may also reform (not repeal) the government’s other mass surveillance programs. We haven’t seen that bill yet, but it would have to be very strong to make it a better deal than simply letting the government’s Section 215 authority die.
There’s actually no evidence that Section 215’s mass surveillance programs have ever stopped a terrorist attack, and the government’s own reports have repeatedly shown that it has never stopped one. Follow me below the fold for the explanation why, and for the numbers to call!
The main substantive reform of the NSA proposed in Congress, the “USA FREEDOM Act”, would ban bulk surveillance, require a Special Advocate to plead the case against surveillance at the Foreign Intelligence Surveillance Court, and force the publication of secret laws governing how surveillance is conducted.
At Digital Fourth, we have campaigned ever since the law was introduced to get 100% of Massachusetts’ federal legislators – Representatives and Senators – to cosponsor this legislation. Last week, with the cosponsorship of Rep. Richard Neal in Western Massachusetts, we achieved our goal, becoming the only state (other than Alaska and Montana) where that is true.
Right now, the USA FREEDOM Act has 141 cosponsors in the House out of 218 needed, and 21 cosponsors in the Senate. Its cosponsors are almost equally divided between Democrats and Republicans, sending a message that no matter who occupies the White House, people of all political beliefs have a stake in preventing mass surveillance.
Yesterday, the Internet lit up in protest against mass surveillance. In the US, Congress got over 85,000 phone calls from people frustrated by mass surveillance, and urging their legislators to support the USA FREEDOM Act. Here in Massachusetts, we worked with the ACLU of Massachusetts to target the specific legislators who had not cosponsored. Our heartfelt thanks go out to Rep. Joseph Kennedy (MA-04) and Rep. Katherine Clark (MA-05), who cosponsored over the last week. Our puzzled and insistent glare turns to Rep. Niki Tsongas (MA-03), who has not cosponsored yet and is still considering the matter. The USA FREEDOM Act is currently listed at 134 cosponsors (though that doesn’t yet officially include Rep. Clark, and there may be, after yesterday, other “undeclared cosponsors”).
What’s next? Well, There is a real-deal NSA reform bill, that would repeal the infamous PATRIOT Act altogether, along with the FISA Amendments Act, forbid mandatory software backdoors, and give whistleblower protections to government contractors as well as employees. It’s called the Surveillance State Repeal Act. One of its nine cosponsors is none other than Rep. Richard Neal (MA-01), who has not yet cosponsored the USA FREEDOM Act either, it seems because it is not strong enough. We applaud his commitment, but would argue that it’s not an either-or – we’d love to see him cosponsor both. It’s great to see that two other Massachusetts legislators – Rep. James McGovern (MA-02) and Rep. John Tierney (MA-06) – are also among the nine cosponsors, putting Massachusetts at the forefront of efforts to restore freedom and the Fourth Amendment.
So let’s keep moving, and let’s encourage our legislators to cosponsor both of these good bills. And meanwhile, check out our awesome calendar (right) of surveillance-related events coming up in Massachusetts!