Feinstein Releases Fake NSA Reform Bill, Actually Tries To Legalize Illegal NSA Bulk Data Collection

[Luminous Animal]

Feinstein Releases Fake NSA Reform Bill, Actually Tries To Legalize Illegal NSA Bulk Data Collection

http://www.techdirt.com/articles/20131031/12394625090/feinstein-releases-fake-nsa-reform-bill-actually-tries-to-legalize-illegal-nsa-bulk-data-collection.shtml

That bill was moved out of committee today by a vote of 11 to 4, leading Feinstein to release the bill with a bunch of misleading claptrap designed to make people think it's real reform. It even confused some folks who know this stuff into thinking, after a quick first pass, that it "banned" the bulk data collection. And you might think that's the case because her description says:

Prohibits the collection of bulk communication records under Section 215 of the USA PATRIOT Act except under specific procedures and restrictions set forth in the bill;
Establishes criminal penalties of up to 10 years in prison for intentional unauthorized access to data acquired under the Foreign Intelligence Surveillance Act (FISA) by the United States;
Prohibits the bulk collection of the content of communications under Section 215 of the USA PATRIOT Act;

Reading that, you might think it actually banned the bulk data collection that's been reported on, but it does not. That "except under specific procedures and restrictions set forth in the bill" just takes the highly questionable reasoning of the FISA Court in approving the bulk data collection and makes that the "exception." In other words, it does exactly the opposite of what Feinstein claims. Rather than banning bulk data collection, it legalizes it. That third point on the "content" is just a red herring -- the same red herring that Feinstein and others have been waving about wildly for months, pretending people are upset about the collection of actual recordings, rather than the collection of metadata. She's wrong. People are upset about the collection of metadata, which this legalizes.

[Luminous Animal]

1. "I'd laugh if I weren't so offended," said Jennifer Granick of Stanford

Her bill comes on the heels of a competing bill introduced earlier this week that reformers say would be a real step in the right direction. It would outright ban some of the programs that Feinstein is vociferously defending. Dozens of politicians have now stated they're ready to end the controversial "bulk data" programs, including the NSA's practice of keeping a log of every phone call made in the United States. In the House of Representatives, 70 members signed on to a bill proffered by Rep. Jim Sensenbrenner (R-WI), the sponsor of the original Patriot Act, which would shut the programs down. A companion bill in the Senate has a dozen co-sponsors, as well.

"I'd laugh if I weren't so offended," said Jennifer Granick, of Stanford's Center for Internet and Society, in an e-mailed comment about Feinstein's bill. "It legalizes the currently illegal bulk collection of phone records and its language—whether sloppily or intentionally, I don't know—encourages the NSA to conduct bulk collection of other kinds of records under 215, as well as content, without even the bill's purported 'safeguards.'"

The "enhanced criminal penalties" for unauthorized access to data actually criminalizes anyone who accesses a computer "without authorization," noted Ruthann Robson, professor of Law at City University of New York. "While couched in protecting privacy and data, this provision would also further sanction and chill whistleblowers."

"The modest improvements [the bill] makes are far outweighed by the damage it does to civil liberties,” said Greg Nojeim, of the Center for Democracy and Technology.

http://arstechnica.com/tech-policy/2013/10/feinstein-shows-off-nsa-reform-bill-thats-really-about-the-status-quo/

[DJ13]

2. DiFi is the poster child for term limits

Her sell by date expired 20 years ago.

[MisterP]

3. just rename it "WellstonesNSAStopper" and Dems'll shut up about it

anyone bringing up its corporate-friendly purpose will be called a liar or Koch pitchman or whatever and it'll sail on through, especially when the Pubs try to undermine it

[Luminous Animal]

4. Can't wait to see how this is going to be spun.