Rep. Jim Sensenbrenner, the main author of the original Patriot Act, wrote an op-ed in 2013 explaining the NSA bulk collection of data belonging to Americans is an abuse of the legislation. In particular, Sensenbrenner slammed the Obama administration for abusing the Patriot Act in order to collect phone call information of all Americans, despite any ties to terrorism.
Last week, the Guardian reported that the Obama administration is collecting records of every call made to, from or within the US, as well as records of many digital communications. President Obama has tried to deflect criticism by claiming "every member of Congress has been briefed on this program." While some members of Congress were briefed – particularly those on the intelligence committees – most, including myself, were not.
The administration claims authority to sift through details of our private lives because the Patriot Act says that it can. I disagree. I authored the Patriot Act, and this is an abuse of that law.
I was the chairman of the House judiciary committee when the US was attacked on 11 September 2001. Five days later, the Justice Department delivered its proposal for new legislation. Although I, along with every other American, knew we had to strengthen our ability to combat those targeting our country, this version went too far. I believed then and now that we can defend our country and our liberty at the same time.
Now, with the latest developments over the weekend of NSA bulk data collection being shut down due to a lack of funding and agreement in the Senate, Sensenbrenner is speaking out about the original intent of the Patriot Act and detailing how we can move forward with new legislation, the USA Freedom Act, to keep Americans safe from terrorism at home and abroad.
More on the USA Freedom Act:
Purpose: To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC.
End bulk collection of Americans’ communications records
• The USA Freedom Act ends bulk collection under Section 215 of the Patriot Act.
• The bill would strengthen the prohibition on "reverse targeting" of Americans—that is, targeting a foreigner with the goal of obtaining communications involving an American.
• The bill requires the government to more aggressively filter and discard information about Americans accidentally collected through PRISM and related programs.
Reform the Foreign Intelligence Surveillance Court
• The USA Freedom Act creates an Office of the Special Advocate (OSA) tasked with promoting privacy interests before the FISA court’s closed proceedings. The OSA will have the authority to appeal decisions of the FISA court.
• The bill creates new and more robust reporting requirements to ensure that Congress is aware of actions by the FISC and intelligence community as a whole.
• The bill would grant the Privacy and Civil Liberties Oversight Board subpoena authority to investigate issues related to privacy and national security.
Increase Transparency
• The USA Freedom Act would end secret laws by requiring the Attorney General to publicly disclose all FISC decisions issued after July 10, 2003 that contain a significant construction or interpretation of law.
• Under the bill, Internet and telecom companies would be allowed to publicly report an estimate of (1) the number of FISA orders and national security letters received, (2) the number of such orders and letters complied with, and (3) the number of users or accounts on whom information was demanded under the orders and letters.
• The bill would require the government to make annual or semiannual public reports estimating the total number of individuals and U.S. persons that were subject to FISA orders authorizing electronic surveillance, pen/trap devices, and access to business records.
National Security Letters
• The USA Freedom Act adopts a single standard for Section 215 and NSL protection to ensure the Administration doesn’t use different authorities to support bulk collection. It also adds a sunset date to NSLs requiring that Congress reauthorize the government’s authority thereby ensuring proper congressional review.
The legislation is awaiting a vote in the Senate.