Senate Intelligence Committee Rejects A Bunch Of Attempts To Amend Dianne Feinstein's Fake NSA Reform Bill

from the but-of-course dept

The Senate Intelligence Committee apparently just voted on Dianne Feinstein's fake NSA reform bill, which actually legalizes all of the illegal spying and adds a few new ways for the government to spy on everyone. Some of the members of the committee tried to add some amendments which would have made the bill do at least a few minor useful things, but it sounds like all of those were rejected. Incredibly, even though the NSA has been indicating pretty strongly that it's fine if the data it collects can only be held for three years, rather than the five it currently uses, an amendment limiting such data collection to three years was rejected. Even Dianne Feinstein supported that amendment, but increasingly disappointing Senator Angus King (like so many politicians, he seemed promising... until he got into office) voted with the Republicans on the Committee who all wanted to keep the surveillance backups for five years. As for other amendments, here's how Politico summarized them:

Another 7-8 casualty in the intel panel mark-up was a provision to ban the bulk collection of cell-site information that can show where a caller is physically located at the time of making or receiving a call. The NSA has acknowledged running experiments to handle such data, but says it isn’t collecting it now. Most panel Democrats supported the geolocation data ban, and most Republicans opposed it, but some crossed the lines. Feinstein and Sen. Barbara Mikulski (D-Md.), whose state is home to the NSA, voted against the ban. Sen. Susan Collins (R-Maine) voted for it.

The third proposed reform to fall 7-8 was an amendment by Sen. Ron Wyden (D-Ore.) to require that any Foreign Intelligence Surveillance Court decision finding a violation of the Constitution be made public. Again, most Democrats supported the proposal, while most Republicans opposed it. This time, Feinstein and Sen. Jay Rockefeller (D-W.V.) bucked their Democratic colleagues. Collins joined with six Democrats in favor of the transparency mandate.

The overall bill passed out of committee 11-4, with Senators Wyden, Udall, Heinrich and Coburn voting against it. As the Politico article notes, Coburn voting against it is a bit of a surprise, since he's been seen as an NSA supporter. In fact, the article suggests he voted against it because he thinks it puts too many restrictions on the NSA, which is crazy since it puts fewer restrictions than they have today. Specifically, Coburn doesn't want any limits on how long the NSA can keep your data, which is downright nutty.

Filed Under: amendments, dianne feinstein, fisa, fisa improvements act, mark udall, nsa, ron wyden, surveillance, tom coburn

Dianne Feinstein Receives Three Times More Cash From Intelligence Contractors Than Patrick Leahy

from the funny-how-that-works dept

While there are many bills that have been introduced in Congress in response to the revelations about the NSA (thank you, Ed Snowden), there really are only two that matter right now in terms of actually having a chance of moving forward. One is good, one is terrible. There is the USA FREEDOM Act, introduced in the Senate by Senator Patrick Leahy, which actually tries to rein in many of the abuses. It's not perfect, but it's a very good bill. Then there's the fake reform bill, introduced by Senator Dianne Feinstein, officially dubbed the FISA Improvements Act, but which is really designed to legalize the NSA's abuses and open the door to making it even worse.

It's no secret that Feinstein is the abused spouse of the NSA, always defending her man, no matter how many times it lies and cheats on her, so I doubt it's much of a surprise to find that those who stand to benefit from a strong NSA have been contributing boatloads to Senator Feinstein.

The good folks over at MapLight, thought it might be interesting to see how Feinstein's contributions from intelligence contractors compared to those received by USA FREEDOM Act sponsor Pat Leahy. The answer will not surprise you. Feinstein received three times as much money as Leahy since 2007 (basically a single Senatorial term).

Dept. of Defense Intelligence Services Contractors	Contributions to Senator *Feinstein	Contributions to Senator Leahy
General Dynamics	$43,750	$13,300
Northrop Grumman	$29,800	$6,000
Lockheed Martin	$10,000	$11,000
Honeywell International	$10,000	$5,000
**L-3 Communications	$6,500	---
AECOM	$7,000	---
	$107,050	$35,300

*Not included in the chart is a $250 contribution to Senator Feinstein from Johns Hopkins University, #19 on the USASpending list 

**Totals for L-3 Communications Corporations, L-3 National Securities Solutions Inc. and L-3 Communications Holding Inc. were combined for this analysis.

Now, you could easily make the argument that these companies support the politicians most who already support them (i.e., the cause and effect are reversed). But, as Larry Lessig has pointed out time and time again, these kinds of situations are a form of soft corruption that clearly raise significant questions in the mind of the public about why politicians are supporting what they support. Is it because it's good policy -- or is it because of the money. This level of soft corruption has real consequences beyond just policy -- it destroys the trust and credibility of the government.

Filed Under: campaigns, contributions, dianne feinstein, fisa improvements act, lobbyists, nsa, nsa reform, pat leahy, usa freedom act

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

from the don't-buy-the-lies dept

Despite Dianne Feinstein's supposed "conversion" earlier this week about the NSA being out of control with its spying, and the associated performance of NSA folks claiming that they were screwed, it's quickly become apparent that this was all pure theater to make people think that real reform might be coming. Feinstein claimed she was shocked about this and called for a full investigation... and yet, just two days later, she held a markup of her planned "reform" bill for the collection of intelligence by the NSA (and held the markup in secret -- because nothing says "let's increase transparency of the NSA" like keeping the debates and votes secret). 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.

Even more ridiculous, the focus (both in the marketing and the bill itself) on collection of content "under Section 215" is another red herring, since it appears that much of that collection actually happens under other programs anyway. So this doesn't change a damn thing.

Other supposed "changes" in the bill -- including limiting who can perform queries on the data, how many "hops" they can analyze and how long they can retain the data, all match with current practice and don't change a thing. Even though James Clapper and Keith Alexander more or less seemed to concede at yesterday's House hearing that they'd be okay with cutting back on the data retention from five to three years, this bill keeps it at five. There are a few other minor changes, but this bill is almost entirely as expected, simply codifying the status quo, even though Feinstein has insisted that it was legal all along. The one minor "concession" which many had expected -- having a third party at the FISA Court who could fight for civil liberties -- is watered down. Rather than an actual adversarial setup, with this person representing civil liberties, it's set up as an appointed "amicus cureia" or "friend of the court," where they basically just advise the court on the issue.

This bill is a farce, and made even more farcical by the misleading way in which Feinstein has presented it, pretending it bans bulk data collection when it actually legalizes it.

Filed Under: bulk data collection, dianne feinstein, fisa, fisa court, fisa improvements act, fisc, lies, nsa, nsa surveillance, section 215