The Controversy Surrounding the 702 Surveillance Program
Introduction
The 702 surveillance program has been a topic of heated debate in Congress, with lawmakers and reformers expressing concerns about its potential impact on privacy. The ongoing discussions have been shrouded in confusion and disinformation campaigns, leaving many House members uncertain about the future of the program. In this article, we will delve deep into the key issues surrounding the 702 surveillance program and its implications for privacy rights.
The Battle in Congress
Recently, there have been discussions of a “secret session” in Congress, a rare procedure that raised eyebrows among policymakers. The proposed “compromise” bill put forth by House Speaker Mike Johnson and House Minority Leader Steve Scalise has drawn criticism from civil liberties organizations for allegedly preserving the “status quo” of the program. Despite the controversy, the bill gained acceptance under certain conditions, allowing members of the House Judiciary and Intelligence Committees to propose amendments for a floor vote.
Data Broker Practices and Privacy Concerns
Amidst the debates in Congress, concerns have also been raised about the practices of data brokers, who reportedly sell sensitive information, including phone location data and health data collected by medical apps. The lack of regulations surrounding data broker activities has sparked fears about potential privacy violations, especially with regards to sensitive information such as abortion-related data. The impact of data broker practices on privacy is a crucial aspect that needs to be addressed in the context of the 702 surveillance program.
Executive Orders and Protection Efforts
President Joe Biden’s executive order instructed the FTC Chairman to consider actions aimed at protecting consumer privacy in the context of reproductive health care services. This move signals a concerted effort to strengthen privacy protection measures, which could have far-reaching implications for surveillance and data collection practices. The proposed amendment by the House Judiciary Committee, which U.S. spy agencies oppose, seeks to bolster these protection efforts and expand the scope of privacy regulations beyond the existing FTC Act.
The Implications for Privacy Rights
The implications for Americans’ privacy rights are significant, as highlighted in the concerns raised by Jerrold Nadler and Rep. Zoe Lofgren. They argue that the so-called compromise bill closely follows the demands of the intelligence community, potentially overriding necessary reforms. The potential for the government to circumvent privacy protections through alternative means raises serious questions about the effectiveness of existing surveillance oversight measures.
Conclusion
The ongoing debates and controversies surrounding the 702 surveillance program and data broker practices underscore the pressing need for comprehensive privacy reforms. As policymakers continue to grapple with these issues, it is imperative to prioritize the protection of individuals’ privacy rights while ensuring the effectiveness of surveillance programs in addressing national security concerns.
Summary
As a result, most House members remain confused about when 702 surveillance would actually end if Congress does not take action. Discussions about the program have been plagued by “scare tactics” and disinformation campaigns, creating a sense of urgency to preserve the spy program. The proposed “compromise” bill has drawn criticism for allegedly preserving the “status quo,” sparking concerns about potential privacy violations. Additionally, the practices of data brokers and the lack of regulations surrounding their activities have raised fears about privacy infringements, particularly with sensitive information such as abortion-related data. President Joe Biden’s executive order and the proposed amendment by the House Judiciary Committee signal a shift towards strengthening privacy protection efforts, marking a pivotal moment in the ongoing battle over privacy rights and surveillance practices.
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As a result, most House members remain confused about when 702 surveillance would actually end if Congress does not take action. Reformers say fostering a sense of urgency to save the spy program – ultimately seen as vital even by many of its harshest critics – greatly favors the administration by offering hypothetical scenarios about possible terrorist attacks to lawmakers. that are still in the process. near. A group of senior congressional aides told WIRED last month that discussions about the program have been plagued for weeks by “scare tactics” and disinformation campaigns, in which intelligence officials privately use Hamas images to give away. understand a growing internal threat.
Rumors have circulated about calling a “secret session” this week, a rare procedure in which Congress meets behind closed doors. The session was reportedly canceled, but a source with knowledge of recent developments told WIRED that White House national security advisers are still expected to meet privately with lawmakers, a last-ditch attempt to dissuade them from supporting privacy reforms.
Last week, House Speaker Mike Johnson and House Minority Leader Steve Scalise privately approved what they had planned to announce as a “compromise” bill, the latest in a series of plans aimed at preserving the 702 program with as few changes as possible. . This drew immediate criticism from civil liberties organizations such as the Brennan Center for Justice, which said it had been “carefully crafted” to preserve the “status quo.” He Electronic Privacy Information Center (EPIC) said the House leadership bill was a “compromise” in name only, clearly aligning with the priorities of spy agencies over those fighting for reform.
However, multiple sources say the bill ultimately gained acceptance on the condition that members of the House Judiciary and Intelligence Committees be allowed to offer amendments this week that would be subject to a floor vote. The amendment supported by the National Partnership for Women and Families is destined to be among them.
Police and intelligence agencies regularly purchase millions of dollars in sensitive information each year from data brokers, according to a Study December 2021 of public records by the Center for Democracy and Technology (CDT), a nonprofit organization focused on civil liberties. This data may include phone location data and health data collected by medical apps, which could be used to identify people seeking abortion services.
The Congressional Research Service (CRS), which provides Congress with legal and policy analysis, noted in 2022 That federal law includes “relatively few restrictions” on law enforcement gaining access to sensitive data, including geolocation data and health data collected by apps and fitness trackers. The lack of restrictions is particularly true for information sold by data brokers, which “are generally not regulated by any specific privacy statute,” according to CRS. While abortion-related information obtained from data brokers is known to have been used by anti-abortion activists, the CRS notes that it could also be used by police. investigate violations of abortion laws at the state level.
The main federal law regulating the activities of data brokers is the FTC Act, which gives the US Federal Trade Commission the authority to penalize companies that do not disclose how the data they collect may be used. Do you sell. In January, the FTC forbidden X-Mode Social, a Virginia-based data broker now called Outlogic, sells “sensitive location data” that “could be used to track people's visits to sensitive locations such as medical and reproductive health clinics, places of religious worship and domestic abuse.” shelters” after the company allegedly failed to institute “appropriate safeguards” against the use of precise location data by third parties.
In July 2022, US President Joe Biden issued a executive order instructing the FTC Chairman to “consider actions” that aim to “further protect the privacy of consumers when seeking information about and delivery of reproductive health care services.” The House Judiciary Committee's amendment, which U.S. spy agencies oppose, would strengthen these protection efforts well beyond the scope of the FTC Act.
In a “dear colleagues” email obtained by WIRED, Jerrold Nadler, the ranking Democrat on the Judiciary Committee, and Rep. Zoe Lofgren wrote Wednesday that the so-called compromise bill “closely follows” the demands of the intelligence community, “overriding common sense.” reforms,” including the amendment now backed by the National Partnership for Women and Families, which Lofgren and Nadler describe as narrowly written to prevent the government from “buying its way around the Fourth Amendment.”
“The implications for Americans' privacy rights are staggering,” they said, refuting claims that the data broker issue is unrelated to surveillance conducted under the 702 program. “It makes little sense to curb warrantless surveillance.” under one authority when the government can simply resort to other available techniques to acquire similar information.
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