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Bipartisan House bill would end NSA’s bulk collection of Americans’ phone data White House plan would end bulk collection of Americans’ phone data
(about 2 hours later)
The leaders of the House Intelligence Committee have drafted a bipartisan bill that would end the National Security Agency’s widespread collection of Americans’ phone data while, they say, preserving the government’s ability to gain information on spies and terrorists. The Obama administration is preparing legislation that would end the National Security Agency’s widespread collection of Americans’ phone data while, officials say, preserving the government’s ability to gain information about terrorists.
The measure, to be introduced Tuesday, is intended as a compromise that can offer a way forward for the Obama administration. But some privacy advocates are already expressing opposition. The legislation, senior officials say, would allow data about phone calls made to and from Americans to be kept at the phone companies. The companies would not be required to hold the data longer than they normally would.
President Obama in January directed his subordinates to find a way to end the government’s mass collection of phone data, a program that has stirred controversy since it was revealed through a leak to the news media last June. He gave them until Friday to come up with options. The effort comes as the administration is up against a deadline set by President Obama in January, when he directed his subordinates to find a way to end the government’s mass collection of phone data, a program that has stirred controversy since it was revealed through a leak to the news media last June. He gave them until Friday to come up with options.
The House bill would reform the Foreign Intelligence Surveillance Act (FISA) to make clear that the government can no longer collect any form of electronic communication in bulk, said its sponsors, Rep. Mike Rogers (R-Mich.), the committee chairman, and Rep. C.A. Dutch Ruppersberger (Md.), its ranking Democrat. The proposal, which is still being worked on, would require phone companies to provide data about suspected terrorist numbers under a court order, officials said. It would include making available on a real-time, ongoing basis data about any new calls made to or from the suspect’s number after the order is served — an idea embraced by NSA leaders, officials said.
The Foreign Intelligence Surveillance Court, which oversees the program, would have to approve each number as having likely ties to a suspected terrorist or terrorist group.
The effort, first reported by the New York Times, is not surprising in that the number of options was limited. And any option would probably require legislative approval.
Officials said the administration has decided to renew the current program for at least one more 90-day cycle. The current orders expire Friday. Under the program, the government collects telephone numbers and call times and dates, but not call content.
The administration effort comes as the leaders of the House Intelligence Committee have drafted a bipartisan bill that would also end the NSA’s mass gathering of data. Their measure, to be introduced Tuesday, would also keep the records at the phone companies.
But some privacy advocates are already expressing opposition to their proposal.
The House bill would reform the Foreign Intelligence Surveillance Act to make clear that the government can no longer collect any form of electronic communication in bulk, said its sponsors, Rep. Mike Rogers (R-Mich.), the committee chairman, and Rep. C.A. Dutch Ruppersberger (Md.), its ranking Democrat.
“We believe this can be the solution for those of us who want to preserve important national security capabilities while heeding the legitimate concerns of many that the collection of bulk telephone metadata has a potential for abuse,” said Rogers, who has staunchly defended the NSA’s bulk-collection authority.“We believe this can be the solution for those of us who want to preserve important national security capabilities while heeding the legitimate concerns of many that the collection of bulk telephone metadata has a potential for abuse,” said Rogers, who has staunchly defended the NSA’s bulk-collection authority.
Rogers and Ruppersberger said the bill is the result of months of consultation, including with the administration and phone companies: “Our hope is this legislation can be the compromise vehicle that arrives at the president’s desk.”
Ruppersberger, whose district includes the NSA’s Fort Meade headquarters, said, “The most important thing is getting the public’s confidence that their government is out there protecting them against terrorist attacks” while respecting privacy and increasing transparency.Ruppersberger, whose district includes the NSA’s Fort Meade headquarters, said, “The most important thing is getting the public’s confidence that their government is out there protecting them against terrorist attacks” while respecting privacy and increasing transparency.
The NSA program collects telephone numbers and call times and dates, but not call content.
The bill, according to congressional aides, would bar the mass collection of different types of information, including phone call records and records of Internet activity. It also covers location information, aides said.The bill, according to congressional aides, would bar the mass collection of different types of information, including phone call records and records of Internet activity. It also covers location information, aides said.
Significantly, it would not require telecommunication companies to retain data for longer than they do now. And it would require that the government serve a directive on the company that is being asked for data. It, too, would not require telecommunication companies to retain data for longer than they do now. And it would require that the government serve a directive on a company that is being asked for data.
But unlike other pending legislation, it does not call for judicial approval of a specific phone number before a request for data is submitted to a company. Obama in January ordered that the government obtain such approval to ensure that each number is reasonably suspected of being linked to a terrorist group. But unlike other pending legislation, it does not call for judicial approval of a specific phone number before a request for data is submitted to a company.
The Rogers-Ruppersberger legislation would have the court make that determination “promptly” after the FBI submits a number to a phone company. If the court did not approve the number as being linked to an agent of a foreign power, including terrorist groups, the data collected would be expunged.The Rogers-Ruppersberger legislation would have the court make that determination “promptly” after the FBI submits a number to a phone company. If the court did not approve the number as being linked to an agent of a foreign power, including terrorist groups, the data collected would be expunged.
“If there is no judicial authorization beforehand, I don’t see the civil liberties community getting behind it,” said Harley Geiger, senior counsel for the Center for Democracy & Technology.“If there is no judicial authorization beforehand, I don’t see the civil liberties community getting behind it,” said Harley Geiger, senior counsel for the Center for Democracy & Technology.
Rep. F. James Sensenbrenner Jr. (R-Wis.), who has co-sponsored competing legislation, said the Rogers-Ruppersberger bill “limits, but does not end, bulk collection.” He said that provisions in the draft “fall well short” of the safeguards in his bill.Rep. F. James Sensenbrenner Jr. (R-Wis.), who has co-sponsored competing legislation, said the Rogers-Ruppersberger bill “limits, but does not end, bulk collection.” He said that provisions in the draft “fall well short” of the safeguards in his bill.
Julian Sanchez, a Cato Institute research fellow, was slightly more measured, saying, “This sounds like a move in the right direction.” However, he said, “It is not clear to me why the court can’t approve queries beforehand unless it’s an emergency.” Both the administration’s and the House lawmakers’ proposals would allow data up to two “hops” from a target to be collected.
Phone industry officials liked the lack of a data-retention mandate and the inclusion of a requirement for a court directive. “It seems like a good thing all in all,” said one telecom executive, who was not authorized to talk on the record and so spoke on the condition of anonymity.
The bill, the lawmakers said, would allow data up to two “hops” from the target to be collected. And it would allow judges to review court opinions for eventual release, with redactions to protect sources and methods.
Driving the lawmakers’ effort is the knowledge that without any compromise, the NSA’s ability to conduct mass collection of data will end in June 2015 when the underlying law expires. The White House declined to comment.