Sean Vitka
@SeanVitka
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Policy director @demandprogress . He/him.
Washington, DC
Joined January 2012
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And the FBI would have called it a DEFENSIVE QUERY too!
@JakeLaperruque
MLK, a prominent political activist whom the FBI accused of having foreign ties, is *exactly* the kind of person whose communications the FBI would have used Section 702 to search for without a warrant. 18/19
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@rgoodlaw
@AshaRangappa_
@charlie_savage
This analysis is actually so abysmal that it hurts
@just_security
’s credibility. And since the screen cap demonstrates that pretty quickly to anyone actually following this debate, instead I wanted to ask if
@AshaRangappa_
knows a fight can be about :gasp: TWO things?
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🚨Society-destroying STASI SHIT right here, rammed through the House by proven lies from
@HouseIntel
@HouseIntelDems
@MikeTurnerOH
+
@jahimes
. THIS IS VERY BAD AND URGENT. The senate will vote on this IN DAYS. Please give me a moment of your time. 🧵
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🚨 This is a critical moment to stand up for your and your families’ right to privacy — start by reading this thread and calling 202-899-8938!
URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (
@RonWyden
) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25
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@jahimes
This part, in particular -- just 2 grafs. I would like nothing more, I promise you, than to learn that this is nonsense. We both have kids. I'm sure we both see a potential second Trump term. I beg of you, please explain how this is nonsense and doesn't threaten them:
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Do you have thoughts on this,
@nakashimae
? It would be great to know why Gerstell is lying to the press about this. And you wouldn't be the first person he has misled: this interview with Mike Morell(!) includes at best highly inaccurate claims:
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@jahimes
@MikeTurnerOH
@HouseIntel
@HouseIntelDems
This STASI PROVISION will be voted on in the Senate IN DAYS. If it passes, it will become law. If it becomes law — and I can’t emphasize this enough — the government could *conscript a maid or plumber or anyone with access to your laptop, without a warrant or any FISC oversight.*
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This is much more significant than it might appear.
Tiffany notes that surveillance under 702 could, if 702 repealed, move under EO 12,333 instead; Horowitz says that a statute is preferable to "internal guidance", which, in the case of FBI's querying standard, was "non-public till the last few days."
#FISAReform
18/n
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@jahimes
Appreciate the response! Honest (and serious) question, have you read the FISA Court amicus take on this?:
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@jahimes
@MikeTurnerOH
@HouseIntel
@HouseIntelDems
I’m out of words to call attention to this, and, frankly, I’m asking for help. Companies aren’t taking this seriously, and MOST companies this would turn into facilitators of warrantless
#FISA
surveillance don’t even know this is at stake. Because
@HouseIntel
hid it from them.
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Cool. So
@SpeakerJohnson
is going to try and torpedo BOTH of the key privacy reforms to FISA he supported before becoming Speaker? Do I have that right?
NEWS w/
@Olivia_Beavers
: A Speaker Johnson’s staffer told a group of GOP staff today that he opposes warrant requirement amendment at the center of this week’s 702 debate, per two people familiar
Both expect Johnson to deliver this message in other meetings this week
🧵
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🚨 I cannot emphasis enough how real this is.
The House will vote on Section 702 TOMORROW MORNING. If you think warrantless surveillance should be reined in rather than massively expanded, PLEASE USE THIS CALL TOOL ASAP (click below or call 202-899-8938) & leave a message if you get VM. 1/21
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And I gotta say, it’s going to be an impossibly bad look that this SAME POISONED
#FISA
BILL has special protections exclusively for Members of Congress. Not a great look,
@SenSchumer
.
CALL NOW: 202-899-8938
🚨The Senate will vote TODAY on
#Section702
. Call your Senators now (202-899-8938) and urge them to vote “NO” on RISAA which contains a provision that will force U.S. businesses to serve as NSA spies.
@SenSchumer
, why are you endangering democracy by trying to jam this through?
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So then why did you vote for final passage,
@RepScholten
? Of the law that protects members of Congress and expands warrantless
#FISA
spying on your constituents?
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TODAY is the day
@SenSchumer
tries to ram a poisoned
#FISA
bill through the Senate and into law. *THE BILL CLEARLY LETS THE GOV CONSCRIPT MILLIONS OF NEW PEOPLE.* Daily reminder to CALL YOUR SENATOR: 202-899-8938
And HAVE to note this big new reporting:
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@jahimes
@MikeTurnerOH
@HouseIntel
@HouseIntelDems
And
@jahimes
and
@MikeTurnerOH
deliberately hid this amendment for months — while lying about it! — so we only found out this week what was at stake, when these people pushed it through as a “narrow” amendment in the ongoing
#FISA
fight.
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THIS VOTE IS TODAY. Please call your Senators ASAP!: 202-899-8938
🚨🚨🚨🚨🚨🚨🚨🚨
Read this, and if it scares you, call this number (202-899-8938) ASAP to be connected to your Senators and urge them NOT to pass a law that will allow the government to force U.S. business to serve as NSA spies.
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This Stasi provision is written deliberately broadly because
@jahimes
and
@MikeTurnerOH
were trying to hide what it did — seriously. They expressly admit this to people on the Hill. The FISA Court told the government Section 702 didn’t allow something they wanted to use it for…
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Huge: The
@DeptofDefense
(including
@NSAGov
) is conducting warrantless surveillance of Americans' online activity by purchasing it (without a court order) + hiding the memo with a wrongful classification, notably incl the part about US IP<>US IP connections. Likely massive scale.
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@kneeddough
@ZAmandalee
@RonWyden
Hey all! Contact Congress and make your voices heard here!
@fightfortheftr
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@jahimes
@MikeTurnerOH
@HouseIntel
@HouseIntelDems
So to hide whatever change they wanted after the secret FISC opinion, Intel buried it in one of the BIGGEST surveillance expansions in history. And since
@jahimes
and
@MikeTurnerOH
lied through their teeth, it passed (hold these ‘AYE’s people accountable):
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This reporting on Sec. 702 is important. Two things I want to add: 1) the already existing requirement that the FBI obtain a court order in a painfully narrow set of cases? They've never complied.
@LizaGoitein
has done the math, but it's a staggering, comprehensive failure.
New: The FBI carried out its botched queries for info about Rep. LaHood in the 702 surveillance repository bc it suspected a foreign govt had targeted him for espionage or covert influence-a defensive purpose w/ implications for the reauthorization debate.
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The
@FBI
bought Americans’ location info without a court order. This is enormous, was illegal, and has countless effects on the
#FISAReform
debate this year. What it means for what remains of Americans’ privacy is horrifying.
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Please join me in thanking privacy champions, namely
@WarrenDavidson
@RepJayapal
@RepAndyBiggsAZ
@RepSaraJacobs
@Jim_Jordan
@RepZoeLofgren
and
@RepJerryNadler
for getting the Fourth Amendment Is Not For Sale Act through the House!!!
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@jahimes
@MikeTurnerOH
@HouseIntel
@HouseIntelDems
Here is the amendment:
Most of the text is insisting it doesn’t cover Starbucks (because that’s what they got dinged for in media). Which ironically demonstrates how terrifyingly broad it is in every other direction.
Also see:
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Seems like Ed Snowden can come back to the States now. Congress is looking for Eric.
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Rage against the mass surveillance (h/t the great
@evan_greer
) 🔥🔥🔥🔥
They spied on MLK. They spied on the Panthers. They spy on peace activists. They spy on Muslims. They spy on people who like guns. They spy on people who hate guns. They spy on YOU. Pass the Government Surveillance Reform Act
@RepJeffries
@SenSchumer
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Net Neutrality wins the day at the FCC. Congrats to
@demandprogress
,
@fightfortheftr
, and countless others
http://t.co/qtV3vpzelD
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The poison
#FISA
bill is now law. Shame on the leaders who let House Intelligence veto reform in the darkness, and ram through terrifying surveillance expansions on the basis of outright lies. The Make Everyone A Spy provision will be abused, and history will know who to blame.
President Joe Biden has signed the FISA Section 702 renewal bill into law.
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@jahimes
@MikeTurnerOH
… and so
@HouseIntel
+
@HouseIntelDems
sprung into action with something deliberately vague. But just like the Russian space nukes, they incompetently went WAY TOO HARD and have NO IDEA what they’ve done. Many won’t even read the text. The just believe these proven liars:
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@jahimes
@MikeTurnerOH
@HouseIntel
@HouseIntelDems
Note that “narrow” is a proven lie:
They carved out Starbucks, but fundamentally misunderstood what was wrong — and have created something that would let the government secretly compel ANYBODY who has access to a server, cable box, phone line, WiFi.
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Significant: earlier/at 15:22 of the link Senate Intel member
@SenGillibrand
expressed "serious concerns" about the changes
@RepMikeTurner
made to poison the FISA bill. But we need all Senators to COMMIT to BLOCKING this. CALL THEM: 202-899-8938
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Twitter releases two national security letters - which they were gagged from even announcing until now:
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Trump was probably spied on because we have all been spied on: via
@FutureTenseNow
cc
@emptywheel
@danielschuman
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In March, former SSCI Chairman
@SenatorBurr
said the government had the inherent executive authority to conduct warrantless surveillance at staggering scale, the kind of stuff
@Snowden
revealed and that Congress never really dealt with. Video:
NEW: Bipartisan representatives demand answers on expired surveillance programs
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Statement: "The House's passage of The Fourth Amendment Is Not For Sale Act is a historic moment for Americans' privacy, in which champions fought back against growing lawless government surveillance, facilitated by data brokers...
Please join me in thanking privacy champions, namely
@WarrenDavidson
@RepJayapal
@RepAndyBiggsAZ
@RepSaraJacobs
@Jim_Jordan
@RepZoeLofgren
and
@RepJerryNadler
for getting the Fourth Amendment Is Not For Sale Act through the House!!!
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Sens. Paul and Wyden may be stopping "clean" reauthorization of Section 215 right now
http://t.co/BpMmXZAi3r
@sunfoundation
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It's well past time for
@SenSchumer
to confirm he will not sell out immigrant communities by attaching a controversial and massive warrantless surveillance authority to a must-pass bill:
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In a major moment for privacy in the 21st century,
@HouseJudiciary
+
@JudiciaryGOP
joined to pass the Fourth Amendment Is Not For Sale Act and close the Data Broker Loophole! There's so much to say, but I have to start with
@RepZoeLofgren
+
@Jim_Jordan
...
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In case you are worried democracy is already dead, the fact that this is what got
@jahimes
to finally say anything about this horrifying Stasi amendment really helps:
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The astounding, honest-to-god reason
@MarkWarner
is pushing poison: he doesn't want it to go back to the House. Even though that's what happens when you need to fix a bill. So he's literally hounding his colleagues to swallow this poison. CALL YOUR SENATORS: 202-899-8938
Told that Sen. Warner just admitted on the Senate floor that the "everyone is a spy" FISA amendment is poorly drafted, but that everyone should vote for the bill anyway because he got assurances from Garland that he'd interpret it narrowly
Good thing nobody else will ever be AG!
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@kenklippenstein
@jahimes
This is what happens when you hire horrible staff who couldn’t give less of a shit about privacy to run your
#FISA
portfolio,
@jahimes
. But in all sincerity, I’d really prefer to just be wrong. Please show me why I’m wrong? Btw, did you know your staff have said some… things? 👀
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@MikeTurnerOH
should lose his job over causing a space nuke panic that endangered national security. It was an abuse of his position of power and in the interest of trying to screw 80% of Americans out of a vote on the data broker loophole. Proof:
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This is enormous, as is the adjacent nightmare relating to 'information brokers,' — it means intelligence agencies have been buying Americans' internet records at unknown (but clearly large) scale, for undisclosed purposes, and hiding it (see
@RonWyden
's DoD letter). Thread:
This DNS data was sold to outside parties, including academic researchers. The researchers then did searches on it for the US government. It is also the source for the “Trump / Alfa Bank” stories from several years ago. Here’s a WaPo summary.
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Maybe people like
@jahimes
and
@MikeTurnerOH
shouldn’t be allowed to dictate what surveillance reforms the House votes on, but what do I know?
Wow. The disregard for Americans' civil liberties in this reply is staggering. This provision allows the NSA to force a huge range of ordinary U.S. businesses to assist the NSA in Section 702 surveillance. That's not "nonsense," that's a fact. And this is your response??
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... why didn't the FBI *get his consent to do this*? The
@FBI
must also come clean about how many Americans and their communications this unlawful search exposed. How many of
@RepLaHood
's own voters' Fourth Amendment rights were violated by this search??? The opacity screams.
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It shouldn’t have been necessary, but kicking 702 out of the CR was an impressive show of strength by privacy champions on and off the Hill.
Not in this CR: extension of FISA authority or Israel funding.
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The military and a civilian law enforcement agency are buying an incredible amount of internet data, including email data, in circumvention of the Fourth Amendment. Congress chose not to reauthorizing the Patriot Act over precisely this issue.
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@ddayen
He didn’t just vote for mass surveillance (as you rightly point out!) — in 2020 he joined forces with Jim Jordan to screw everyone in the House out of any chance to vote for meaningful privacy protections:
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This couldn’t be more timely given that there are now rumors this effort may continue as an attempt to jam 702 into the NDAA.
#FixFISA
— NOW.
📢📢📢: 63 Asian American & allied groups call on Congress to reject including any extension of
#Section702
in "must-pass" bills b/c it would perpetuate wrongful targeting & unjust surveillance of Asian Americans. We need comprehensive reforms.
#FixFISA
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Here's today's Fourth Amendment Caucus launch and Fourth Amendment Advisory Committee panel discussion!
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Absolutely. Let's also not forget that under
@JohnBrennan
,
@CIA
*SPIED ON CONGRESS* and then, as
@RonWyden
called out back then, tried to prosecute staff over it. This is appalling and Brennan should apologize immediately for past and present:
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See
@DefendtheFourth
's briefing on
#Rule41
,
#SMHAct
and government hacking here: thanks to moderator
@saschameinrath
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Note that footnotes 5 and 6 point directly at Title VII (set to expire at the end of 2023) and EO 12333...
NEW
#FOIA
SCOOP/🧵Took me 6 yrs to pry this out of NSA
A few wks before
@Snowden
's leaks were published, 2 NSA employees contacted NSA IG to blow the whistle on unauthorized surveillance
IG substantiated it
W/
@KatrinaManson
@WilliamTurton
@rj_gallagher
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“PATRIOT Act Reauthorization: The Fear Mongering and Disinformation Campaign Begins” by
@PGEddington
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Spot on
@RepZoeLofgren
: “The Constitution is explicit in its requirement that the government must obtain a warrant before conducting a search,” she says. “The failure to do so goes against our Constitution and jeopardizes the civil liberties of Americans.”
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Let’s go ahead and correct this right now:
@RepMikeTurner
*lied* to his colleagues and snuck through the Make Everyone A Spy provision, which is now a steaming pile of threat to democracy on the Senate’s doorstep. CALL YOUR SENATOR: 202-899-8938 🚨
Chairman
@RepMikeTurner
to
@MikeEmanuelFox
on the House’s reforms to FISA 702:
“We have included an increased reporting requirement, oversight, and criminal penalties which are severe...FISA, having been adopted, was intended to protect Americans. We have now made it stronger.”
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House Intelligence committee was designed to control intelligence agencies. Now it's controlling the house judiciary committee.
#USAFreedom
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Sunlight's comments to PCLOB on Parallel Construction-
http://t.co/tJNi3K1zuJ.
Thanks to
@johnshiffman
@rj_gallagher
&
@kristinacooke
's work
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Considering the ferocious fight to undermine privacy over the past 6 months, it's hard to overstate the gratitude we should have for
@RepMGS
's consistent, astute commentary -- and her support through the whole debate, across several
@HouseJudiciary
and
@RulesDemocrats
hearings!
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So much of what
@RepMikeTurner
says here isn't accurate that it's hard to know where to begin (misleading, false, and a straw man — oh my!) but it's astounding to hear
@HouseIntel
claim that
@JudiciaryGOP
"don't understand how the process works." Whose got primary jurisdiction?😉
FISA Section 702, one of our country’s most important tools for monitoring foreign individuals outside the U.S., is about to expire.
I spoke with
@MargBrennan
on
@FaceTheNation
today about how
@HouseIntel
’s bipartisan bill addresses previous abuses & prevents them in the future.
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This is clear evidence that checkbook surveillance is eviscerating the right to privacy as we speak, constituents need Congress to pass
@RonWyden
’s Fourth Amendment Is Not For Sale Act yesterday, and until then Congress is letting the executive branch trample privacy laws.
The military and a civilian law enforcement agency are buying an incredible amount of internet data, including email data, in circumvention of the Fourth Amendment. Congress chose not to reauthorizing the Patriot Act over precisely this issue.
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Digital rights activists raise money for billboard criticizing Schiff over surveillance fight
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@JeffLandale
@emptywheel
@saschameinrath
@rebelcinder
I'm scared to just start CC'ing people in, but this is a big deal, and the credit deserves to be shared by more people (including yourself,
@JeffLandale
!) - so a quick attempt:
@radsandy
@JGWithrow
@pye
@billyez2
@jgmosteller
. What a wild ride this has been (and still is).
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@AppropsDems
w leadership of
@BettyMcCollum04
just passed a Defense Approps bill report that orders the declassification of significant pre-USA FREEDOM FISC opinions! (Great work on this by
@danielschuman
+ flagging for
@emptywheel
and
@JakeLaperruque
) Me:
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2) I want to hear directly from
@RepLaHood
whether he truly believes
@FBI
used his name to warrantlessly search Sec. 702 communications for *purely* "defensive" reasons. Did the FBI not care at all if the espionage effort was successful? And if *purely defensive* queries exist...
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How dare we try and let democracy inform warrantless surveillance!
Senators on both sides of aisle now say FISA Section 702 authority is likely to lapse at midnight because Schumer and critics of FISA are nowhere close to a deal on amendments. The problem is that the amendments sponsored by Durbin, Wyden and Lee have a good chance of passing.
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You are alarmingly misinformed. Maybe community note-worthy tbh. Some quick responses per dash:
1) do you not consider an American call to family in Ireland ‘intelligence on US citizens’?
2) k
3) do you not consider querying the USP to be ‘investigating’?
4) yup - if for USPs!
@BasedMikeLee
some points to note:
- warrants are already required to collect intelligence on US citizens
- Section 702 targets foreigners outside the US, who don't have 4th amendment rights
- if investigators see that a suspected foreign terrorist target is communicating with US citizen and
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Perpetuating “widespread” abuse of
#FISA
— Section 702 — in the NDAA would be a failure of historic proportions
@SpeakerJohnson
This is wrong, and Americans should make that clear. Tell
@SenSchumer
,
@LeaderMcConnell
,
@SpeakerJohnson
, and
@RepJeffries
that we don’t want them jamming a 16-month extension of Section 702, with all its civil right and civil liberties abuses, into the NDAA. 10/10
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Some of these are shocking flips. The
#FISA
bill dramatically expands warrantless surveillance powers, protects members of Congress, and fails to protect the rest of us:
@SenatorBennet
@SenBlumenthal
@SenGillibrand
@SenatorHassan
@SenatorHeinrich
@SenAmyKlobuchar
@SenGaryPeters
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@CarolynIodice
knows FISA better than virtually anyone, and definitely better than the people who get paid to talk about it. Check this out.
I finally wrote about FISA! Why it exists, how it's failed to live up to its potential, and why it hasn't prevented illegal spying:
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Just ran into
@WhitfordBradley
while lobbying! Him, climate change, me, net neutrality. Turns out he advises
@citizensclimate
- thank you for your art and your advocacy!
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Damn right!
I plan to vote against any continuing resolution that extends FISA Section 702 without meaningful reforms. Massive, privacy-violating surveillance programs cannot be rushed through without reform or review.
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@demandprogress
I wrote about this way back when:
The issue here is that Trump cares about how he was affected by surveillance — most likely lawful and important surveillance — but he clearly doesn't care about anyone else's privacy.
#StopTrumpSpying
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A BIT CONSPICUOUS that
@SpeakerPelosi
voted to close the backdoor search loophole 3 times (2014,2015,2016) — when she thought it didn’t matter.
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2/It's great to see
@RepJayapal
calling for answers. If the government doesn't think it needs Congressional authorization to conduct "dragnet surveillance of online activity," Congress needs to know. That's kind of what the sunsets were all about...
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Conyers now arguing against stopping warrantless surveillance of Americans' information. Stunning.
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@radsandy
@demandprogress
On the other side of the equation are real champions of your privacy.
@RashidaTlaib
,
@repblumenauer
,
@justinamash
,
@Ilhan
,
@RepJudyChu
,
@AOC
and others — they are fighting mass surveillance as we speak. Call on your Members of Congress to join them.
#StopTrumpSpying
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@LizaGoitein
@RulesDemocrats
@RepZoeLofgren
@RepJayapal
@RepThomasMassie
@WarrenDavidson
are standing up for our privacy by trying to shut this "backdoor search" loophole in
#Section702
via CJS approps.
@demandprogress
+
@savingprivacy
(Bob Goodlatte!) statement here - could be huge:
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THANK YOU FOR STANDING UP FOR OUR PRIVACY
@RepValHoyle
!!!
Standing up for Americans’ right to privacy shouldn't be controversial. We need real reforms to put an end to warrantless government surveillance and protect Americans’ constitutional right to privacy.
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Section 702 has *NEVER BEEN USED FOR THIS* according to the government.
@WarrenDavidson
is exactly right.
NEW — Some fireworks over FISA in House Republican Conference meeting.
MIKE TURNER said JIM JORDANS FISA reform bill gets rid of provisions that are used to prosecute child pornography.
WARREN DAVIDSON, a close Jordan ally, said Turner was “fucking lying. Then JORDAN got up
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Here’s the clip:
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Given that it’s been a couple hours, I’m increasingly confident that
@jahimes
has begun to realize that his staff can’t write legislation for shit, and didn’t bother consulting with experts like
@MJZwills
. Weird way for democracy to die, not gonna lie. Following up w/ sources…
@jahimes
This part, in particular -- just 2 grafs. I would like nothing more, I promise you, than to learn that this is nonsense. We both have kids. I'm sure we both see a potential second Trump term. I beg of you, please explain how this is nonsense and doesn't threaten them:
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Nothing Orwellian about
@LeaderMcConnell
urging the Senate to ignore what the dystopian text says explicitly and to instead focus on a DEBUNKED
#FISA
sunset! CALL THEM and tell them to block the Make Everyone A Spy provision!: 202-899-8938
Schumer says senators struggling to reach deal to pass FISA before deadline
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@radsandy
@demandprogress
Most recently it (seems to have) caused the whole call records program to be shut down — because OUR telephone providers were *unlawfully* giving the NSA our call information. The NSA couldn't figure out which data was which.
#StopTrumpSpying
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@demandprogress
A5: Congress has tried to rein in surveillance under the PATRIOT Act several times, but often the executive managed to use those reforms to expand its surveillance power.
#Section702
is one example. That's why we need strong champions — shoutout to
@RashidaTlaib
!
#StopTrumpSpying
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Fmr Rep Goodlatte and Sen Udall call for passage of
@RonWyden
’s 4th Amendment Is Not For Sale Act: The government cannot compel tech and phone companies to disclose our information without a court order. Why should data brokers be treated any differently?
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@demandprogress
@Snowden
A8: But there's even more here. All of that is one subprovision of Section 215. The other use — "traditional" business records orders from the FBI — actually has LESS transparency. They don't even report how much or what kind of data is getting sucked up.
#StopTrumpSpying
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The question of the week: Is
@SpeakerJohnson
about to try and sell out 3 quarters of Americans by stacking the deck against overwhelmingly bipartisan and popular privacy protections?
74% of Americans think "Congressional leaders ensure rank-and-file members of Congress can openly debate and vote up-or-down" on these issues. (Q12)
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It’s assholes all the way down as the guy who spun up the most wildly illegal surveillance program in modern history goes after the guy who circulates racist propaganda to sabotage surveillance reform:
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