U.S. Sen. Martin Heinrich (D-NM) placed a hold on Tuesday on the 2017 Intelligence Authorization Act due to a provision in the bill that seeks a massive expansion of government surveillance into Americans’ email, web browser history and communications through social media without judicial approval.
“This represents a massive expansion of government surveillance and gives the FBI access to law-abiding Americans’ email and browser histories without judicial approval or independent oversight,” Heinrich said. “There is no question that our intelligence community needs the ability to collect critical information to guard against terrorist threats. However, the government shouldn’t have access to every Google search you’ve ever made and emails you’ve ever sent or received without a court order. Obtaining this warrant is straightforward and the FBI simply needs to establish a reasonable connection to terrorism or national security. We need to pass an Intelligence Authorization Act that bolsters programs that actually target and prevent terrorism, not unnecessarily threaten Americans’ constitutional rights.”
The Federal Bureau of Investigation (FBI) can only use a national security letter to obtain basic subscriber information about telecommunications, including names, addresses, length of service and phone records. The proposed provision in the Intelligence Authorization Act would broaden the list to include electronic communication transactional records, which the FBI could then obtain from service providers with no court order required.
The provision is opposed by a number of major technology companies and civil liberties groups.