The latest surveillance battle gripping the technology industry is focused on a rewrite of US surveillance law that would mean the justice department would be able to access a citizen's web browsing history, location data and some email records without
approval from a judge using a so-called national security letters (NSLs). The FBI contends that such data is covered implicitly under current statute, which was written years ago and only explicitly covers data normally associated with
telephone records.
Director James Comey now is lobbying Congress to extend the current definition to include internet data.
Technology companies including Google, Facebook and Yahoo have sent a letter warning Congress that they would oppose
any efforts to rewrite law in the FBI's favor.
This expansion of the NSL statute has been characterized by some government officials as merely fixing a 'typo' in the law, the companies wrote:
In reality,
however, it would dramatically expand the ability of the FBI to get sensitive information about users' online activities without court oversight.
Update: Censored whilst claiming to be uncensored
11th
June 2016. See article from theregister.co.uk
A sly attempt to grant the FBI warrantless access to people's browser histories in the US has been shot down by politicians.
Unfortunately, the Electronic Communications Privacy Act (ECPA) Amendments Act of 2015, which would have brought in some
privacy safeguards for Americans, was cut down in the crossfire.
The bill was halted because of an amendment tacked on by Senator John Cornyn on Tuesday that would allow the FBI to obtain someone's internet browsing history and the metadata of all
their internet use without a warrant. If Cornyn's amendment was passed, the Feds would simply have to issue a National Security Letter (NSL) to get the information.
The bill's sponsors, Senators Patrick Leahy and Mike Lee, told a session of the
Senate Committee on the Judiciary that Cornyn's amendment had wrecked years of careful bipartisan negotiations and would seriously harm US citizens' privacy. As such, they weren't prepared to let the bill go forward.
Update:
And again
23rd June 2016. See article from theregister.co.uk
The US Senate has struck down an amendment that would have allowed the FBI to track internet histories and communications without judicial oversight, but a re-vote could be called under Senate rules.
The amendment to the Commerce, Justice,
Science, and Related Agencies Appropriations Act would have given the FBI the right to use National Security Letters (NSLs), which compel communications companies to hand over a customer's transactional records, including their browsing history,
time spent online, and email metadata, but not the content of messages.
In addition, it would have made permanent a provision in the Patriot Act that would allow the same powers for those deemed to be individual terrorists to be treated as
agents of foreign powers, a measure aimed at tracking so-called lone wolf operators.
It was introduced on Monday by Senators John McCain and Richard Burr. Senator John Cornyn has named the issue the FBI's top legislative priority and has
tabled a further amendment to allow similar powers to law enforcement.