What Happens if We #Sunset215? by Harley Geiger.
From the post:
A law the government cites as authority for the bulk collection of millions of Americans’ communications records—Section 215 of the PATRIOT Act—expires unless Congress extends it by Memorial Day weekend.
The Center for Democracy & Technology, and other public interest groups, believes that Sec. 215 should sunset unless it is reformed to stop nationwide surveillance dragnets. What would happen to domestic bulk collection if Sec. 215 sunsets?
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After a detailed review of the history and nuances of Sec. 215, Harley says:
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Sunset of Sec. 215 would prevent new bulk collection programs under Sec. 215, but would not affect current bulk collection programs under Sec. 215, nor prevent bulk collection programs under the FISA pen/trap statute. From the perspective of the intelligence community, a sunset of Sec. 215 would deprive the government of an evidence-gathering tool with many targeted, legitimate uses other than bulk collection.
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I’m sorry, that went by a little fast.
Even if Sec. 215 sunsets, what evidence is there that the government would stop conducting new bulk collection programs or more targeted uses other than bulk collection?
The evidence we do have suggests that sunsetting Sec. 215 will have no impact on NSA data collection efforts. For example, James Clapper lying to Congress. Fire James Clapper. What does that say to lower staffer who appear before Congress or who are interviewed by investigators? Particularly with regard to the consequences of lying to Congress or to investigators?
If Congress and other investigators can’t get truthful answers from the NSA, who is to say that Sec. 215 sunsetting has had any impact at all? A drop in FISA requests? Perhaps the NSA just decides to drop the fiction that the FISA court is any meaningful limit on their power.
The post footer says:
Harley Geiger is Advocacy Director and Senior Counsel at the Center for Democracy & Technology (CDT).…
And I am sure that he is far more qualified than I am to address the policy issues of Sec. 215, if one assumes the government is telling the truth and playing by the rules Congress has passed. But the evidence we have to date suggests that the government isn’t telling the truth and pays lip service to any rule that Congress passes.
What needs to sunset is all bulk data collection and all targeted collection that is not subject to the traditional safeguards of U.S. district courts. My suggestion is embedded congressional oversight in all agencies that conduct surveillance with clearance to see or go anywhere, including any compartmentalized projects.
If the argument is that the honest public need not fear bulk surveillance, then honest agencies need fear no embedded congressional oversight.