NSA Reform Legislation Update

I’ll withhold final judgement on the pending Conyers-Sensenbrenner bill until I see the bill text, but here’s a reality check based on the summary provided thus far by the bill’s authors and some accounts online:

Conyers-Sensenbrenner would leave the Surveillance State intact. It would NOT restore the probable cause-based warrant standard required by the Fourth Amendment.

Conyers-Sensenbrenner does not end the PATRIOT Act’s “sneak and peak” search provision, the expansive use of “national security letters”, or abolish the radical “material support” provision that was used to prosecute staff of the Humanitarian Law Project in California.

Conyers-Sensenbrenner does not even address the NSA encryption subversion scheme.

Conyers-Sensenbrenner provides no protections for national security whistleblowers like Snowden or Drake–and this debate would not even be happening without the disclosures those men have made.

Conyers-Sensenbrenner does nothing to strengthen oversight mechanisms to actually provide the public with some assurance that the bulk collection schemes really will end.

And it’s chances of actually getting to the House floor? Right now, zero. Boehner, Cantor and Goodlatte (House Judiciary chairman) are all apostles of the Surveillance State. So is the leadership of HPSCI (which would have to clear the bill as well since it clearly falls within HPSCI’s purview). 

So a lot of time and energy is going to be expended promoting a bill that 1) leaves the Surveillance State intact, 2) does not address other critical abuses revealed by Snowden, et. al., and 3) has no prayer of making it out of the Judiciary Committee, much less to the House floor. 

If you want to see what a real reform bill looks like, check out the Surveillance State Repeal Act (HR 2818). It’s endorsed by key groups sponsoring the StopWatchingUs protest, including the Bill of Rights Defense Committee, CREDO Action, and the Montgomery County Civil Rights Coalition. 

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