Snowden, Government Surveillance, Secret Courts and the Fourth Amendment

Edward Snowden

8/15/13: We’ve been watching Edward Snowden, the 30-year-old former National Security Agency (NSA) and CIA employee, who leaked details of top-secret US government mass surveillance programs to the press. In June, federal prosecutors charged Snowden with espionage and theft of government property. And now he is a “refugee” in Russia.

In response, Chairman of the House Foreign Affairs Committee, Ed Royce (R-CA), stated, “Those who are entrusted with the security of our country must be held to the highest standard of accountability. There is no excuse for actions that endanger the lives of Americans at home and abroad.” And, Chairman of the Senate Foreign Relations Committee, Robert Menendez (D-NJ), explained, “Edward Snowden will potentially do great damage to U.S. national security interests and the information he is leaking could aid terrorists and others around the world who want to do real harm to our country.”

• SRes 198 A resolution expressing the sense of the Senate that the Government of the Russian Federation should turn over Edward Snowden to US authorities.

Snowden’s actions ignited a much larger conversation about the constitutionality of federal online surveillance programs and the Fourth Amendment. It also shed light on secret courts known as the Foreign Intelligence Surveillance Court (or FISA Court), which oversee surveillance warrant requests against suspected foreign intelligence agents inside the US by federal law enforcement agencies.

Members of Congress have introduced several bills related to government surveillance, the secret courts and the Fourth Amendment. It’s clear that Congress needs to hear from its constituents. Weigh in on these bills, and POPVOX will deliver your message to Congress.Updated 8/15/13

Surveillance and the Fourth Amendment Legislation

• HR 2818 Surveillance State Repeal Act: to repeal the USA PATRIOT Act and the FISA Amendments Act of 2008.
• HR 2736 Government Surveillance Transparency Act: “would allow companies to publicly disclose the volume and type of information they are ordered to turn over to federal intelligence agencies. Right now companies are barred from acknowledging when they are required to turn over information to the National Security Agency under some sections of the Foreign Intelligence Surveillance Act,” according to the bill sponsor.
• HR 2849 Privacy Advocate General Act: To amend the Foreign Intelligence Surveillance Act of 1978 to establish an Office of the Privacy Advocate General.
• S 1168 Restore Our Privacy Act: to amend the Foreign Intelligence Surveillance Act of 1978 to limit overbroad surveillance requests and expand reporting requirements.
• S 1452 Surveillance Transparency Act: to enhance transparency for certain surveillance programs authorized by the Foreign Intelligence Surveillance Act of 1978.
• HR 3035 Surveillance Order Reporting Act: to permit periodic public reporting by electronic communications providers and remote computer service providers of certain estimates pertaining to requests or demands by Federal agencies under the provisions of certain surveillance laws where disclosure of such estimates is, or may be, otherwise prohibited by law.
• HR 2399 LIBERT-E Act: According to bill sponsors, it “restricts the federal government’s ability under the Patriot Act to collect information on Americans who are not connected to an ongoing investigation. The bill also requires that secret Foreign Intelligence Surveillance Act (FISA) court opinions be made available to Congress and summaries of the opinions be made available to the public.”
• S 1182 A bill: to modify the Foreign Intelligence Surveillance Act of 1978 to require specific evidence for access to business records and other tangible things, and provide appropriate transition procedures.
• S 1215 FISA Accountability and Privacy Protection Act: to strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.
• HR 2603 Relevancy Act: To amend the Foreign Intelligence Surveillance Act of 1978 to allow access to certain business records only if an investigation relates to a specific individual or specific group of individuals.
• S 1121 Fourth Amendment Restoration Act: To stop the National Security Agency from spying on citizens of the US.

Secret Courts Legislation and Secret Laws

• S 1460 FISA Judge Selection Reform Act: to create two additional judge positions on the court established by the Foreign Intelligence Surveillance Act of 1978 and modify the procedures for the appointment of judges to that court.
• HR 2440 FISA Court in the Sunshine Act: To require the Attorney General to disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court that includes significant legal interpretation of section 501 or 702 of the Foreign Intelligence Surveillance Act of 1978 unless such disclosure is not in the national security interest of the US.
• HR 2761 Presidential Appointment of FISA Court Judges Act: To require Presidential appointment and Senate confirmation of Foreign Intelligence Surveillance Court judges.
• HR 2586 FISA Court Accountability Act: to provide for the designation of Foreign Intelligence Surveillance Court judges by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and the Chief Justice of the Supreme Court.
• HR 2475 Ending Secret Law Act: To require the Attorney General to disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court that includes significant legal interpretation of section 501 or 702 of the Foreign Intelligence Surveillance Act of 1978 unless such disclosure is not in the national security interest of the US.

Snowden and Security Clearance Legislation

• S 1276 Security Clearance Oversight and Reform Enhancement (SCORE) Act: According to bill sponsors, it “improves oversight of the security clearance process, calls for the government to fire background check investigators and suspend others – including contractors – who falsify reports, and forces the government to update its policy determining which positions require a security clearance.”