(NextGov) The ‘USA Freedom Act’, originally introduced by Rep. Jim Sensenbrenner last year, would end the government’s ability to collect bulk metadata of phone records and usher in a series of new privacy and transparency measures designed to prevent abuses at the nation’s intelligence agencies. It would bar the government from retaining metadata—the numbers and time stamps of calls but not their actual content—and instead require phone companies to keep those records, which would be given to intelligence agencies after the government earned approval for data searches from the Foreign Intelligence Surveillance Court. Read full story.
So does this mean that they found a loophole?
THE USA FREEDOM ACT (from Rep. Sensenbrenner’s webpage)
Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet Collection, and Online Monitoring Act
H.R. 3361/ S. 1599
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.
• 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.