[Congressional Record Volume 159, Number 86 (Monday, June 17, 2013)]
[Extensions of Remarks]
[Pages E899-E900]
THE ``LIMITING INTERNET AND BLANKET ELECTRONIC REVIEW OF
TELECOMMUNICATIONS AND EMAIL (LIBERT-E) ACT''
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HON. JOHN CONYERS, JR.
of michigan
in the house of representatives
Monday, June 17, 2013
Mr. CONYERS. Mr. Speaker, in light of the recent public revelations
about the National Security Agency's extensive surveillance programs,
today we are introducing bipartisan legislation that will curtail the
excesses of these programs and protect our privacy rights. The
``Limiting Internet and Blanket Electronic Review of Telecommunications
and Email (LIBERT-E) Act'' contains commonsense proposals to strengthen
our civil liberties and hold our government accountable.
Specifically, the LIBERT-E Act provides for the following legislative
changes:
The legislation reforms access to certain business records for
foreign intelligence and international terrorism investigations.
Section 2 of the LIBERT-E Act changes Section 215 of the USA PATRIOT
Act in order to prevent the mass collection of business records that
are not material to an authorized foreign intelligence investigation,
an international terrorism investigation, or clandestine intelligence
activities.
Currently, in order to obtain a Section 215 court order, the
government need only show that the records are ``relevant'' to such an
investigation. Recent reports suggest that the government's view of the
``relevance'' standard includes records of every telephone call on a
given network. Section 2 of the LIBERT-E Act would also require that
the government show that the relevance of these records to the
investigation is based on ``specific and articulable'' facts, that the
records are material to the investigation, and that the records
``pertain only to individuals under such investigation.'' In addition,
the section removes a list of
[[Page E900]]
``presumptively relevant'' records. The government should be required
to show that the records it seeks are, in fact, material to a
particular concern. The section also guarantees the recipient of a
Section 215 order the right to challenge an accompanying gag order, and
ensures notice and due process for any such challenger.
The LIBERT-E Act also requires additional disclosures to Congress and
the public in Section 3 of the legislation. This section provides for
greater accountability and transparency in the implementation of the
USA PATRIOT Act and the Foreign Intelligence Surveillance Act. This
section amends existing reporting requirements contained in Section 601
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871)
by requiring the Attorney General to make available to all Members of
Congress the information currently provided to the House and Senate
intelligence and judiciary committees. It also requires that the
Attorney General make unclassified summaries of each ``significant''
decision, order, or opinion of the FISA Court available to the public
within 180 days of their submission to Congress. Further, this section
requires the Inspectors General of the Department of Justice and the
Intelligence Community to report on the impact that acquisition of
foreign intelligence has had on the privacy of persons located in the
United States.
Lastly, the fourth section of the LIBERT-E Act requires that each
assessment or review required under Title VII of FISA be submitted in
unclassified form, with an unclassified index if necessary.
I urge my colleagues to support this bipartisan measure, which
protects our privacy and increases transparency in the government's use
of these authorities.
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