Democrats, Including Nancy Pelosi, Help Republicans Block Civil Liberties Protections

The House has voted to renew the NSA’s warrantless surveillance program after previously failing to pass an amendment to place limitations on the program to help protect the rights of Americans. The New York Times reports:

The House of Representatives voted on Thursday to extend the National Security Agency’s warrantless surveillance program for six years with minimal changes, rejecting a yearslong effort by a bipartisan group of lawmakers to impose significant new privacy limits when it sweeps up Americans’ emails and other personal communications.

The vote, 256 to 164, centered on an expiring law that permits the government, without a warrant, to collect communications of foreigners abroad from United States firms like Google and AT&T — even when those targets are talking to Americans. Congress had enacted the law in 2008 to legalize a form of a once-secret warrantless surveillance program created after the Sept. 11 terrorist attacks.

The legislation approved on Thursday still has to go through the Senate. But fewer lawmakers there appear to favor major changes to spying laws, so the House vote is likely the effective end of a debate over 21st-century surveillance technology and privacy rights that broke out in 2013 following the leaks by the intelligence contractor Edward J. Snowden…

Before approving the extension of the law, known as Section 702 of the FISA Amendments Act, the House voted 233 to 183 to reject an amendment that proposed a series of overhauls. Among them was a requirement that officials get warrants in most cases before hunting for and reading emails and other messages of Americans swept up under the program.

Daniel Schuman of Demand Progress tweeted a list of the fifty-five Democrats, including Nancy Pelosi and Intelligence Committee Democratic Ranking Member Adam Schiff, who voted against the amendment introduced by Republican Justin Amash.

Schuman noted that the USA Rights amendment could have passed if twenty-six of these Democrats had supported it.

The Intercept described the effects of the bill which was passed:

The law serves as the legal backing for two mammoth NSA programs revealed by Edward Snowden: Upstream, which collects information from the internet junctions where data passes into and out of the country, and PRISM, which collects communications from U.S.-based internet companies like Google, Microsoft, Apple, and Yahoo.

The programs rest on the notion that they are “targeting” foreigners, but they collect massive amounts of data on Americans as well, including wholly domestic communications. Amazingly, the intelligence community has never disclosed how much. Numerous members of Congress have requested an estimate since 2011, but both the Obama and Trump administrations have refused to provide one.

The bill also consolidates the FBI’s legal authority to search those communications without a warrant. Under current rules, the NSA shares certain kinds of information it collects under Section 702 with the FBI, whose agents can then search it in the course of investigating crimes unrelated to national security. In a secret court hearing in 2015, a lawyer for the Justice Department compared the frequency of those searches to the use of Google.

The American Civil Liberties Union issued this statement:

The House voted today to give President Trump and his administration more spying powers. The government will use this bill to continue warrantless intrusions into Americans’ private emails, text messages, and other communications.

No president should have this power. Yet, members of Congress just voted to hand it to an administration that has labeled individuals as threats based merely on their religion, nationality, or viewpoints. The Senate should reject this bill and rein in government surveillance powers to bring Section 702 in line with the Constitution.

Of course there is little chance of stopping this in the Senate either.  Rand Paul and Ron Wyden have sponsored a Senate version of the USA Rights Act.

There was one amusing aspect of this with Donald Trump again showing he has no understanding of the legislation before Congress. Trump initially put out a tweet opposing the bill after someone on Fox and Friends had said that the FISA Act had been used to justify surveillance of him based upon the Steele Dossier. He later reversed this after someone explained the position of his administration to him regarding the legislation.

This turned out to be only the second most stupid thing said by Donald Trump today. Later in the day this president with a shithole for a brain referred to Haiti and African countries as shithole countries.

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