Legislators Strip Funding For Warrantless Use Of Stingrays By FBI, Take Money From The DEA To Buy Bodycams

from the CATCH-AN-IMSI-FUNDRAISER!-TIX-3/$5!! dept

The passage of appropriations bills is a seemingly casual process in which any legislator can attempt to hitch his or her hobbyhorse to it as it makes its way slowly to a vote. (And then to a government shutdown.) "Rob Peter/Pay Paul" amendments are offered for quick floor votes, adding millions to one program while siphoning the equivalent amount from another. Other amendments are simply of the "Rob Peter" variety, in which funding is stripped from programs or activities a legislator doesn't agree with.

Given the recent legislative activity surrounding US surveillance programs and the ongoing exposure of the FBI's tactics and technology, it's somewhat unsurprising that lawmakers are taking a shot at defunding some of the more questionable efforts. Darrell Issa, for example, offered an amendment stating that if the FBI wants to deploy its Stingray devices without a warrant, it will need to hold a bake sale to pay for it.

The amendment prohibits funding for federal law enforcement to conduct non-court-ordered “stingray” operations that collect bulk electronic data from individuals. The amendment was adopted on a voice vote.
This is of some import, although the FBI now claims it gets a warrant before deploying Stingrays. It will probably edge around this defunding by claiming it doesn't use Stingrays to collect data in bulk (sort of true, if used for their intended purpose and with proper minimization) or by pointing at its exemptions to its self-imposed warrant requirements, which are big enough you could fly a single-engine plane bristling with antennas and cameras through them.

In addition to other surveillance-targeting amendments, like defunding of any future NIST/NSA partnerships to backdoor encryption and the FBI/DOJ's use of backdoor surveillance via wiretapping laws, other interesting amendments were proposed and passed.
Rep. Gosar (R-AZ) – The amendment increases funding for the DOJ Office of the Inspector General by $1.7 million, offset by a reduction to the DOJ General Administration – Salaries and Expenses account.
Michael Horowitz -- the Inspector General for the DOJ -- has been battling the FBI and DEA for months now over the release of documents his office has requested. So far, the battle has been futile, but some additional funding will help ensure his office will continue to try to hold the DOJ's agencies accountable for their misconduct and failures. If nothing else, Horowitz has been both dogged and vocal while performing his oversight duties -- something that very obviously hasn't endeared him to the agencies he polices. I see no reason not to give this man, and his office, more funding.
Rep. Castro (D-TX) – The amendment increases the Community Trust Initiative, which provides grants for police body cameras, by $10 million, offset by a reduction to the DEA Salaries and Expenses account.
Body cameras are no panacea, but they're definitely better than taking no action at all. The best part about this is that it forces the DEA to fund a program many law enforcement agencies are hesitant to adopt. The ironic part is that the worst behavior in law enforcement (i.e., abuse of no-knock warrants, asset forfeiture) is tied to the Drug War. True accountability is still little more than a starry-eyed ideal, but taking $10 million from the DEA for this program is definitely a better use of that money.
Rep. Grayson (D-FL) – The amendment prohibits funding to compel a journalist or reporter to testify about information or sources that they regard to be confidential.
This is interesting, especially in light of the DOJ's efforts to compel New York Times journalist James Risen to reveal his sources. There's more to it than just the summation of this amendment, but it's far too much to cover here. (Hint: define "journalist." Once again, the government wants to be able to make that determination, probably on a case-by-case basis.)
Rep. Luetkemeyer (R-MO) – The amendment prohibits funding for DOJ’s “Operation Chokepoint.”
If this sticks, Team America: Morality Police™ will have to hold Bitcoin auctions or whatever if it wishes to keep porn performers and other blacklisted undesirables from availing themselves of bank services.

The attendant downside to these easily-passed amendments is that they can just as easily be deleted before the appropriation bill's final passage, especially if those targeted are able to apply enough pressure to block the bill's package with these intact.

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Filed Under: appropriations, bodycams, congress, darrell issa, dea, fbi, stingrays


Reader Comments

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  • icon
    DannyB (profile), 8 Jun 2015 @ 3:11pm

    FBI: request to the court

    Dear court,

    Can you please give us a broad warrant that ORDERS the FBI to use stingray whenever the FBI feels like it. This court order valid for up to one quarter of a galactic turn, or whenever the FBI asks the court to withdraw the order -- whichever comes sooner.

    Your friends at the FBI.
    "we're the good guys"

    link to this | view in chronology ]

  • icon
    That One Guy (profile), 8 Jun 2015 @ 3:49pm

    The proper way to handle misbehaving agencies

    This is exactly what they should have been doing from the start. Legislators have enormous leverage over the other agencies, but it requires them to be willing to use it.

    If a government agency is acting up, and refusing to follow the rules or the laws, then slash their funding until they behave. They can ignore the standard 'checks' put in place to keep them in line, but ignoring a lack of funding is just a tiny bit more difficult.

    link to this | view in chronology ]

  • identicon
    PRMan, 8 Jun 2015 @ 3:52pm

    Have to appreciate the efforts

    Nice job Congress. I approve for one day.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 8 Jun 2015 @ 4:01pm

    Court order? So the bill isn't actually requiring warrants?

    link to this | view in chronology ]

  • icon
    radarmonkey (profile), 8 Jun 2015 @ 4:04pm

    Standby ....

    to see a significant increase in 'Civil Asset Forfeiture' in 3...2...1....

    (somebody's gonna pay!)

    link to this | view in chronology ]

  • icon
    toyotabedzrock (profile), 8 Jun 2015 @ 9:23pm

    So what favor did a Midwest Republican get to stop banks from closing porn performers bank accounts?

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 8 Jun 2015 @ 9:44pm

      Re:

      probably had more to do with Operation Chokepoint being used to target gun stores than other things.

      link to this | view in chronology ]

  • icon
    ChurchHatesTucker (profile), 9 Jun 2015 @ 9:34am

    While you're at it…

    … buy the FBI some tape recorders.

    link to this | view in chronology ]

  • identicon
    geral, 9 Jun 2015 @ 3:53pm

    fbi, Gestapo

    Stop funding fbi thugs .

    See my compilation of evidence on the corruption of law and society by the fbi (a global phenomenon)

    http://austin.indymedia.org/article/2015/06/08/fbis-corruption-law-and-society

    ver mi recopilación de pruebas sobre la corrupción de la ley y la sociedad por el fbi.

    http://venezuela.indymedia.org/es/2015/06/34901.shtml

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 10 Jun 2015 @ 9:22am

    Rep. Luetkemeyer (R-MO) – The amendment prohibits funding for DOJ’s “Operation Chokepoint.”

    If this sticks, Team America: Morality Police™ will have to hold Bitcoin auctions or whatever if it wishes to keep porn performers and other blacklisted undesirables from availing themselves of bank services.
    Or they could just take the easy solution: create a new "operation" with a different name.

    link to this | view in chronology ]


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