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United States Privacy Security

Senate May Vote On NSA Reform As Soon As Next Week 127

apexcp writes Senate Majority Leader (for now) Harry Reid announced he will be taking the USA FREEDOM Act to a floor vote in the Senate as early as next week. While the bill, if passed, would be the first significant legislative reform of the NSA since 9/11, many of the act's initial supporters have since disavowed it, claiming that changes to its language mean it won't do enough to curb the abuses of the American surveillance state
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Senate May Vote On NSA Reform As Soon As Next Week

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  • Not a solution (Score:2, Informative)

    by Anonymous Coward

    The USA FREEDOM Act only limits spying on American citizens. The spying on the rest of the world is not addressed at all.

    • Re:Not a solution (Score:4, Insightful)

      by Anonymous Coward on Thursday November 13, 2014 @09:35AM (#48377163)
      Uh, it's a spy agency. Spying on the rest of the world is their mission.
      • by genner ( 694963 )

        Uh, it's a spy agency. Spying on the rest of the world is their mission.

        Spying on American citizens however........

        • by jfengel ( 409917 )

          Exactly. The NSA was never supposed to be doing that. They took advantage of technological changes and played semantic games that justified all kinds of shenanigans that was at best barely within the letter of the law, and at worst completely subverted the oversight.

          So, a new law was called for. Ideally, it would update the NSA's mission to the age of Internets and cell phones, and put in oversight to at least put an end to the previous excesses (though they'll surely find new ones).

          Whether this law actuall

    • Which, of course, opens the door to the simplest of international agreements : "I spy on yours, you spy on mine and we can share the results, all legally."

      • Which, of course, opens the door to the simplest of international agreements : "I spy on yours, you spy on mine and we can share the results, all legally."

        This program is known as Five Eyes [wikipedia.org]

    • The act does not mention the NSA anywhere in the bill [congress.gov]. The only organization that is mentioned is the FBI, which means really business as usual. The FBI restrictions are non-existent with the fact that we have "fusion" centers that all of the other people can dump data into without any restriction.

      USA FREEDOM Act - Title I: FISA Business Records Reforms - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.

      Emphasis mine. Nowhere does the bill mention that the amount of data is going to be reduced or curtailed. Everything being collected illegally today will still be illegally collected even if this bill passes a

      • The bill is a waste of time and provides zero reform.

        Who cares? 95% of congress was reelected. I ask again, and again, what incentive is there for them to provide us with this ethereal 'reform'? I am really beginning to wonder if complaining is some kind of sexual stimulant.

    • The USA FREEDOM Act only claims to limit spying on American citizens. The spying on the rest of the world is not addressed at all.

      Fixed.

      Of course, since there is no real oversight to the NSA, and with a long documented history of blatant violation of existing laws with absolutely no consequences other than "please stop doing that, won't you?", having new laws makes no difference.

  • None of these folks are worried about re-election right now, so they will likely be voting purely on self-interest rather than the interests of their constituency.
    • It's more likely to happen now than any other time.

      One of the main reasons they don't make an even half-hearted attempt to reign in the intelligence services is that it offers exactly zero upside and huge downside risk: if they do it, it won't really be a big plus to voters, since voters are generally pretty meh on civil liberties and everyone running for office is vaguely "pro-privacy" or some such.

      On the other hand, if congress were to, say cut the NSAs budget, and then some terrorist incident occurred af

      • Yeah. What we need is for the land to be free and brave people making their home here. Sort of like the song. Would be nice.

        What we don't need is a bunch of cowards who are so afraid of terrorists (in the US, cows kill more people) that they'll give up freedom. And that's what we've got.

    • The identities of their constituency is posted on the open secrets site. And by the looks of things that constituency is extremely pleased, or the funding would simply go elsewhere, towards a smear campaign against their former puppet while trotting out a new one. Oh! Sounds eerily like present day middle east policy

  • It looks like the Republicans will have 54 Senators in 2015, in part, I think, to support given them by libertarians (except perhaps in Virginia where a Libertarian candidate took support from the Republican primarily).

    Might this be a move by Democrats to reach out to libertarians who tend to be the strongest opponents of the surveillance of the public by government?

    • The Tea Party are not Libertarians. Stop confusing the two. They are "more" Libertarian than regular republicans, but that's not saying much. I thin that, if we could get a Libertarian leaning wing of the democrats to... then we'd really be on to something.

      • by halivar ( 535827 )

        Yeah, THAT marriage will last until the first budget bill.

      • I thin that, if we could get a Libertarian leaning wing of the democrats to... then we'd really be on to something.

        Interesting idea I suppose but progressives are fundamentally statists. I just don't see how that's going to work.

    • It looks like the Republicans will have 54 Senators in 2015, in part, I think, to support given them by libertarians (except perhaps in Virginia where a Libertarian candidate took support from the Republican primarily).

      Might this be a move by Democrats to reach out to libertarians who tend to be the strongest opponents of the surveillance of the public by government?

      I wouldn't count on it.

      The elected representatives themselves aren't Libertarian, they're Republican. Doesn't matter if the voters leaned Libertarian or not. The Party isn't interested in Libertarian ideals excepting the ones that they find convenient.

    • by bigpat ( 158134 )

      The USA FREEDOM Act is just the Patriot Act done over to escape judicial review. Block the bill and the unconstitutional Patriot Act provisions can finally be left to expire.

      This new push is driven by the need to renew the expiring Patriot Act provisions that enable the NSA and others to claim that the wholesale spying on the American people is somehow legal and constitutional. They hope by adding some meaningless restraints and preventing future Snowden type leaks that they can stall efforts in the court

  • by unixcorn ( 120825 ) on Thursday November 13, 2014 @09:27AM (#48377115)

    Repeals the Patriot Act and shuts down Homeland Security. How many redundant players do we need to keep us safe?

    • Re:I hope it... (Score:5, Insightful)

      by Thanshin ( 1188877 ) on Thursday November 13, 2014 @09:42AM (#48377195)

      How many redundant players do we need to keep us safe?

      I'd suggest starting by questioning the base. Which, if any, is actually contributing significantly* to keeping someone safe?

      And then I'd suggest to compare that significance to the investment in money and in degradation of privacy among other rights.

      i.e.: If every life saved by HS costs some millions of dollars, it's way more efficient to spend that money in idiot-proofing vending machines and, as an added bonus, the country gets to keep being free.

      • Comment removed based on user account deletion
      • by Anonymous Coward

        The problem with that analysis is that it makes it seem as if any of these rights violations would be okay if only they worked well. They wouldn't be. Fundamental freedoms and the government following the constitution are simply more important than safety.

    • Re:I hope it... (Score:4, Insightful)

      by Noryungi ( 70322 ) on Thursday November 13, 2014 @09:43AM (#48377207) Homepage Journal

      Repeals the Patriot Act and shuts down Homeland Security. How many redundant players do we need to keep us safe?

      As many as it takes to give tons of money to all the little cogs in the militaro-industrial complex.

      Seriously, the USA were already spending more than everyone else in the world on its military (and its security apparatus, including the NSA), before 9/11.

      Was this able to prevent the WTC/Pentagon attacks? No. And not just that, but Osama bin Laden was able to hide practically in plain sight for years, communicating all the time with his organization through written and recorded messages (meaning: outside the reach of the NSA).

      Will the NSA be able to prevent the next 9/11? Let me go out on a limb and say "No" again. If the hard-core terrorists haven't got it by now, every single telecommunication in the world is being spied upon. The safest way is to organize the next attack by courier and letters, and not through electronic communications at all.

      The Iraq war was all about oil, Halliburton and Exxon bottom line. Today's enless wars, conflicts and spying is all about keeping the money machine going strong, and the US Government doling mountains of cash to contractors and sub-contractors.

      The whole thing will end very badly.

    • Repeals the Patriot Act

      Nope the USA FREEDOM Act extends the Patriot Act and destroys Liberty.

  • by rmdingler ( 1955220 ) on Thursday November 13, 2014 @09:30AM (#48377133) Journal
    I listened to campaign ads from parts of the country considered liberal, and from regions considered conservative this election season. Assuming the candidates were attempting to address issues important to voters, the topics ran the gamut from job creation to how malevolent the opposition candidate was.

    Not once did a political ad obviously endorse curtailing the government's sweeping surveillance powers.

    Candidates from elections are prone to endorse whatever view the polls say their constituents are interested in. I'd say this is a poor harbinger of curtailing the powers of the surveillance state.

    • That's because both parties want that sweeping power for when *they're* in charge.

      • That's because both parties want that sweeping power for when *they're* in charge.

        Almost certainly. Which begs the question, "How much difference is there, really, between the choices available on election day?"

        In retrospect, that security theatre works its magic at airports should in no way surprise us since we've been indulging in political theatre for some time now.

      • It's cute that you think any political party is in charge of the NSA.
    • Candidates from elections are prone to endorse whatever view the polls say their constituents are interested in.

      This recent election provided a great counterexample in the minimum wage increases that passed in 4 red states. There were no Republicans taking up this popular policy position.

      • Texas Lt Governor Dan Patrick won statewide office prominently supporting a minimum raise increase, and while Governor-elect Greg Abbott has flopped on the issue since he was the Atty. General, I remain convinced that most politicians would say whatever they believed you needed to hear to get your vote.

        Get the votes now, ask for forgiveness later.

    • Quite frankly, government surveillance isn't this Orwellian nightmare(not yet; and I support moves to curtail this) the hacker crowd thinks it is.

      Quite frankly, we have serious problems with the environment, economy, human and civil rights, labor, etc. that the actual day to day impact of PRISM just isn't a big deal to most people. If it were, Facebook would be a ghost town and everyone would be afraid to use the Internet.

      As I said above, this is just isn't a problem yet. People aren't being jailed for asso

      • Quite frankly, we have serious problems with the environment, economy, human and civil rights, labor, etc. that the actual day to day impact of PRISM just isn't a big deal to most people.

        That's because people are short-sighted fools who don't care about or oppose the fundamental liberties they claim to want to protect. The whole "land of the free and the home of the brave" thing is just a joke.

        As I said above, this is just isn't a problem yet.

        The constitution and your privacy being violated are problems in and of themselves.

        People aren't being jailed for associating with known dissidents. No one's curb stomping the press for associating with undesirables.

        That we know of. The whole surveillance thing is secret, and the leaks have already revealed some abuses. They could be sharing information and selectively targeting people.

        But let's be honest here. What's more important and relatable, tax reform or NSA reform?

        The latter, obviously. Anyone who thinks other

      • As I said above, this is just isn't a problem yet. People aren't being jailed for associating with known dissidents.

        Wasn't this exactly what the Red Scare was?

        Somehow saying "we aren't fucked YET" doesn't give me much comfort. Waiting until the point where we're ALREADY fucked and THEN worrying about it is useless.

        • I'm not saying exactly "we're not fucked YET" I'm saying, "We're fucked for a lot of other reasons and it's no shock that this isn't on the radar."

          If you think this is the biggest problem we face, you are extremely privileged.

  • by NotDrWho ( 3543773 ) on Thursday November 13, 2014 @09:39AM (#48377181)

    Put on a good show for the idiots to pretend like you're doing something, you Corporate-owned assclowns.

  • by Anonymous Coward

    Do people think the NSA gives a rat's ass about any laws?

  • They are simply paying lip service to the issue so as to say that the issue has been looked at and dealt with - undoubtedly whilst working in the background to 'reform', overshadow and hide future legal infractions (aka classifying information for reasons of "national security").

    I have not doubt that the nefarious and illegal activities of the NSA will continue, regardless of the outcome of this 'reform'.
  • Given that the NSA already violates federal law and the constitution daily, I don't think this will do much. It's already being reported that the NSA is holding patents on some of their work and selling them to industry, so they're already poking holes in the only true power congress has over them... their budget. The only person that has any control over them at all is the president, and we've had two in a row now that seem to think an Orwellian state is a great idea, so I'm not hopeful.

  • The new political-speak means that the "reform" bill will make the NSA much worse and more oppressive than before. Enjoy your reform, suckers. Keep voting for those parties! It makes a difference - honest!
  • by PseudoCoder ( 1642383 ) on Thursday November 13, 2014 @10:26AM (#48377515)

    The Democrat-controlled senate hasn't scheduled any votes for some time now, and even other Democrats have been complaining that senate Dems aren't doing anything, for fear of votes coming back to haunt them in the elections. If it's good policy, why do you have to fear your how your electorate will respond at the polls?

    http://thehill.com/homenews/house/200228-house-dems-to-senate-dems-pass-our-bills

    Now all of a sudden it's time to get something done? That's what happens when you play politics with public policy. Now we know you were too busy looking out for your own hide and not serving the public. And check out Landrieu all of a sudden being a "driving force" in passing Keystone pipeline in the face of a tight runoff election. This would be hilarious if it wasn't such a sad reflection of the state of the US.

    • Re: (Score:2, Informative)

      More on Reid's shenanigans.

      http://www.nationalreview.com/article/368369/harry-reids-obstructionism-andrew-stiles

  • 1) Wait until the other party takes control of both houses
    2) Introduce legislation he KNOWS will go nowhere
    3) When legislation fails, start the finger pointing game

    And folks wonder why fewer and fewer people vote anymore. Same bullshit, slightly different flavor of it is all.

    One can hope, the Repub party will pull their head out of their ass and actually get some meaningful legislation done.
    They need to impress the hell out of those who still vote if they want any shot at the White House in 2016.
    • Oh, yeah. It's the legislative equivalent of a toddler throwing a tantrum when he doesn't get his lollipop.

      Both parties would be served to remember that Congress is the peoples' House of REPRESENTATIVES and the Senate controlled by the STATES. The Democrats backed themselves into this hole. Let's see if the Republicans can do any better.

  • should know: the NSA still knows who you are........

    (I like the sound of shivering from the paranoid in the morning.)

  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Thursday November 13, 2014 @01:11PM (#48379019)
    Comment removed based on user account deletion
    • Sorry, it's not so clear and simple. The 4th amendment protects against government invasion of your person and your residence: here were talking about snooping information that you're transmitting on the publicly-regulated airwaves or over publicly-managed wires and cables. If you open your window and shout a conversation about your sexual exploits to your neighbor, you shouldn't expect any privacy. You volunteered to put it out there in a form that is easy to snoop upon; the fact that you think you have ul

      • "The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

        Even in 1700s, this wording protects your papers if you're carrying them horse and buggy over public roads on public property. Original intent is the key here, not translate it

        • Sure, but it's always been OK for a police officer to look around and note things down. Mass surveillance is just doing that on a very large scale. The NSA does things analogous to noting that you're traveling with a briefcase on a horse and buggy and looking at the outside of the envelope when you mail something. It's bad, but it's a very large number of individually acceptable actions, and therefore not clearly prohibited by the Fourth Amendment.

          It's analogous to how personal information is treated

        • Let's see: under the 4th amendment we all have a right against invasions of any of our "persons, houses, papers, and effects"...

          Are wireless transmissions "persons"? Obviously not.

          Are wireless transmissions "houses"? Well, as those transmissions are floating about freely on the airwaves, that can't be.

          Are wireless transmissions "papers"? You might be tempted to say that a radio transmission is an analogue of a paper in that both contain personal information. But the meaning of papers in 1789 was the contain

  • How would everyone feel if every carton of a dozen eggs at the grocery store only contained 7 eggs? And the grocery store manager said that the farmer was not paying the store, so it was OK to not provide all 12 eggs as written on the carton?

    Now, I am the customer of my ISP. They advertize speed tiers, and I choose to pay for one of them. I am paying for that speed grade to access the internet at large. This is an INTERNET Service Provider, after all, not an INSERT_BRANDNAME_HERE Service Provider.

    I expect t

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