USA Freedom Act
USA Freedom Act
Main page
554534

USA Freedom Act

logo
Community Hub0 subscribers
554534

USA Freedom Act

logo
Community Hub0 subscribers
What are your thoughts?
Be the first to start a discussion here.
Be the first to start a discussion here.
USA Freedom Act

The USA Freedom Act (H.R. 2048, Pub. L. 114–23 (text) (PDF)) is a U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. The title of the act is a ten-letter backronym (USA FREEDOM) that stands for Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015.

The bill was originally introduced in both houses of the U.S. Congress on October 29, 2013, following publication of classified NSA memos describing bulk data collection programs leaked by Edward Snowden that June. When it was re-introduced in the 114th Congress (2015–2016), it was described by the bill sponsors as "a balanced approach" while being questioned for extending the Patriot Act through the end of 2019. Supporters of the bill said that the House Intelligence Committee and House leadership would insist on reauthorizing all Patriot Act powers except bulk collection under Section 215 of the Patriot Act. Critics assert that mass surveillance of the content of Americans' communication will continue under Section 702 of FISA and Executive Order 12333 due to the "unstoppable surveillance-industrial complex" despite the fact that a bipartisan majority of the House had previously voted to close backdoor mass surveillance.

The USA Freedom Act mandates that the FISA court release "novel" interpretations of the law, which thereby sets precedent and thereby makes up the body of FISA court common law, as both legal authority for deciding subsequent cases, and for guidance parameters for allowing or restricting surveillance conduct. The Act is not clear as to whether or not it mandates retroactive disclosure of decisions prior to passage of the Act in 2015. In October 2016, the ACLU filed a Motion for the Release of FISA Court Records to release interpretations prior to the USA Freedom Act.

Many members of Congress believed that in the wake of the Snowden disclosures, restoration of public trust would require legislative changes. More than 20 bills have been written since the disclosures began with the goal of clarifying government surveillance powers.

Representative Jim Sensenbrenner, who introduced the USA PATRIOT Act (H.R. 3162) in 2001 following the September 11 terrorist attacks to give more power to US intelligence agencies, and who has described himself as "author of the Patriot Act," declared that it was time to put the NSA's "metadata program out of business." With its bulk collection of Americans' phone data, Sensenbrenner asserted that the intelligence community "misused those powers," had gone "far beyond" the original intent of the legislation, and had "overstepped its authority."

According to supporters, the USA Freedom Act[full citation needed] was meant to end the bulk collection of Americans' metadata by the NSA, end the secret laws created by the FISA court, and introduce a "Special Advocate" to represent public and privacy matters. However, opponents of the bill cite that the USA Freedom Act does allow the bulk collection of Americans' metadata by phone companies, which is then accessible by the NSA; it also does not address other laws which have purportedly challenged Americans' Fourth Amendment rights. Other proposed changes included limits to programs like PRISM, which retains Americans' Internet data, and greater transparency by allowing companies such as Google and Facebook to disclose information about government requests for information.

Representative Jim Sensenbrenner, who introduced the bill, stated that its purpose was:

To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC.

See all
User Avatar
No comments yet.