Laws and presidential orders we need to change.
One of the best ways to end mass surveillance by the NSA is to change the United States law to make clear that warrantless surveillance is illegal. However, that's a little challenging. The NSA is relying on a patchwork of different laws and executive orders to justify its surveillance powers.
Here are a few we know we need to change. Note that there are other parts of U.S. law that may need revision (including provisions such as the Pen Register Trap and Trace and National Security Letters), but this is where we're focusing our energies currently as the primary known authorities used to justify mass surveillance:
Section 215 of the Patriot Act, Known as the "Business Records" Section
Read the law
What it does: The section of the law basically says that the government can compel the production of any "tangible things" that are "relevant" to an investigation.
Why you should care: The NSA relies on this authority to collect, in bulk, the phone records of millions of Americans. There are suggestions it's also being used to collect other types of records, like financial records or credit card records, in bulk as well.
How we can stop it: There are a few ways to fix Section 215. One way is to pass a reform bill, such as the USA FREEDOM Act, which would make clear that using Section 215 to conduct bulk collection is illegal. The USA FREEDOM Act failed to pass in the Senate in 2014, which means it would need to be reintroduced in 2015.
However, there's an even easier way to defeat this provision of the law. This controversial section of the Patriot Act expires every few years and must be reauthorized by Congress. It's up for renewal in June 2015, which means Congress must successfully reauthorize the section or it will cease to be a law. We're going to be mounting a huge campaign to call on Congress not to reauthorize the bill.
We also have three legal cases challenging surveillance conducted under Section 215: Jewel v NSA, Smith v Obama, and First Unitarian Church of Los Angeles v. NSA.
Section 702 of the FISA Amendments Act
Read the law
What it does: This section of law is designed to allow the NSA to conduct warrantless surveillance within the U.S. when the intended target is overseas.
Why you should care: The NSA relies on this law to support PRISM, which compels Internet service providers like Google, Apple, and Facebook to produce its users communications. The NSA's upstream surveillance—which includes tapping into fiber optic cables of AT&T and other telecommunications providers—also relies on this provision. Through these two surveillance options, the NSA "targets" subjects for surveillance. But even when the NSA is "targeting" specific foreign intelligence subjects overseas, they're "incidentally" collecting communications on millions of people, including both Americans and innocent people abroad.
How we can stop it: Currently, there aren't any reform bills that show promise. We're working on educating the public and Congress about the Section 702 and the FISA Amendments Act. In 2017, this authority will be up for reauthorization. We'll be planning a big campaign to demolish this invasive and oft-abused surveillance authority.
Executive Order 12333
Read the executive order
What it does: Executive orders are legally binding orders given by the President of the United States which direct how government agencies should operate. Executive Order 12333 covers"most of what the NSA does" and is "the primary authority under which the country's intelligence agencies conduct the majority of their operations."
Why you should care: Executive Order 12333 is the primary authority the NSA uses to conduct its surveillance operations—including mass surveillance programs—overseas. Reforming mass surveillance requires reforming the NSA's authority under EO 12333.
How we can stop it: Executive Order 12333 was created by a presidential order, and so a presidential order could undo all of this damage. That's why we're pressuring President Obama to issue a new executive order affirming the privacy rights of people worldwide and ending mass surveillance.
The Funding Hack
While passing a bill through Congress is extremely challenging, another (somewhat more controversial) method of ending this surveillance is through the budget system. Every year, Congress must approve the defense budget. This frequently becomes a contentious battle with numerous amendments introduced and debated. We may see an amendment that tackles some form of surveillance.
This article is reproduced from Electronic Frontier Foundation under Creative Commons license.
