[Congressional Record Volume 161, Number 79 (Thursday, May 21, 2015)]
[Senate]
[Pages S3202-S3212]
[...]
USA FREEDOM Act
Mr. FRANKEN. Mr. President, I rise today to speak in support of the
USA FREEDOM Act of 2015. I am a proud cosponsor of this bicameral,
bipartisan bill which brings much-needed reform to the Federal
Government's surveillance programs, including an end to the bulk data
collection program that the intelligence community has said is not
necessary, that the public has said they don't support, and that the
Second Circuit has ruled as unlawful.
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I am particularly proud to have developed the bill's transparency
provisions with my friend Senator Dean Heller of Nevada. We are greatly
indebted to Senator Lee and to Senator Leahy for their leadership and
their tireless work.
Americans understand, as I do, that our job here is to strike an
appropriate balance, making sure, on the one hand, that we are
safeguarding our national security, without trampling on our citizens'
fundamental privacy rights, on the other hand. But the public cannot
know if we succeed in striking that balance if they do not even have
the most basic information about our major surveillance programs. That
is why my focus has been on transparency, because I want to make sure
that the American people are able to decide for themselves whether we
are getting this right.
I support the USA FREEDOM Act because it moves us in the right
direction on all of these fronts. On June 1, several national security
authorities will expire. The House acted responsibly and passed USA
FREEDOM, a bill that reflects the combined efforts and agreement of
Republicans and Democrats, members of the intelligence and law
enforcement communities, and advocates for privacy and civil liberties,
as well as members of the tech sector and business communities.
This legislation ensures that the necessary authorities continue in
force through 2019, and it makes important reforms that will actually
improve national security. You do not need to take my word for that.
The Director of National Intelligence and the Attorney General have
told us, in no uncertain terms, that we ought to pass the USA FREEDOM
Act and promptly.
Yet some of my colleagues are attempting to present us with a choice
between reauthorization of the soon-to-expire authorities with no
reform whatsoever or complete expiration of those authorities. That is
profoundly unfortunate, because we have a compromise bill that has
overwhelming support and was overwhelmingly approved by the House of
Representatives by a vote of 338 to 88.
It draws broad-based support from business, from civil society, and
within the government. I believe that the only thing that would stop
this bill from garnering similar strong bipartisan support here in the
Senate is if Republican leaders who oppose this bill pressure my
Republican colleagues to filibuster. I really hope that does not
happen. I hope it does not happen because USA FREEDOM's reforms
represent real and meaningful progress. The bill ends the old program
for the bulk collection of telephone metadata, which, according to
reports discussed at a hearing last year, principally gathered call
records from landlines. It replaces that program with a more targeted
approach that permits the collection of call detail records, including
prospective collection of those records. You get a warrant, and you
collect those prospectively, based on the government's reasonable,
articulable suspicion of a link to international terrorism.
Now, I believe that is a much more sensible approach. I know that
some of my colleagues disagree. Last November, one of my colleagues
suggested that bulk collection is preferable to a targeted approach
because American's privacy would be at risk if the government were
``going to have to go to those companies and ask for the data.''
But of course, no matter what, we have to go to the companies and ask
them for the data. The records at issue here are the phone company's
business records. That is what they are. I should also note that those
companies have both legal and business reasons for why they retain and
protect these records as they do, from the potential for billing
disputes to commercial analytics to regulatory concerns.
The FCC regulations require them to hold on to telephone call records
for 18 months. None of that has changed. It bears emphasizing that the
relationship USA FREEDOM calls for between phone companies and the
government is nothing new. Our Nation's law enforcement and
intelligence agencies have long worked with phone companies to obtain
specific records, either historic or prospective records, when
conducting domestic criminal investigations or carrying out sensitive
national security investigations such as FISA wiretaps.
So we have been doing this for a long time. The intelligence
community, national security, law enforcement experts, and American
businesses, not to mention the House of Representatives, all understand
that we have to strike the right balance. We need to safeguard our
national security, but we need to do it in ways that do not unduly
tread on privacy and civil liberties.
Leaders across these different public and private sectors have
managed to come together to strike that balance in the USA FREEDOM Act.
That is where my work with Senator Heller comes in. We recognized that
when the public lacks even a rough sense of the scope of the
government's surveillance programs, they have no way of knowing if the
government is getting that balance right. So there needs to be more
transparency.
Since the Snowden revelations came to light 2 years ago, a steady
stream of news reports has provided details about NSA programs that
collect information about both foreign nationals and the American
people. Despite these disclosures, it remains impossible for the
American people to get even a basic sense of the real size and scope of
these programs. Americans still don't know the number of people whose
information has been collected under these programs. They have no sense
of the extent to which U.S. persons are affected and, particularly,
have no way of knowing how often the government has searched that
information, such as call detail records of Americans. Senator Heller
and I crafted transparency provisions to make sure Americans get that
kind of information. That way the American people can better judge the
government's surveillance programs for themselves.
Under USA FREEDOM, the government will be required to issue detailed
annual reports for each of the surveillance authorities at issue.
Importantly, the government will have to tell the public how many
people have had their information collected, and for certain
authorities--like those permitting the targeted collection of call
detail records or the communications of foreigners abroad--the
government will also have to say how many times it has run searches for
Americans' data.
The USA FREEDOM Act doesn't just require the government to be more
transparent. We also make it possible for American businesses to
provide their customers with more information about what they are asked
to turn over to the government. This is not only good for transparency,
it is good for our economy. It has been estimated that the Snowden
revelations are costing American companies billions of dollars because
people have lost trust in those companies, often assuming that all
companies are handing over all of their information to the government.
So by allowing companies to report the size and scope of the
government's requests, the public can get a better sense of what
information is actually being turned over, and the bill makes clear
that a company that has not received any national security requests
from the government is free to say so.
All of this will calm fears, both here and abroad, and allow American
companies to better compete with their foreign counterparts.
The provisions Senator Heller and I wrote will expand the options
that companies have to issue their own transparency reports and allow
companies to issue those reports more quickly. But we also listened to
the intelligence community to make sure we were striking the right
balance and ensuring that ongoing investigations are not jeopardized by
additional transparency.
Now, look, to get the broad, bipartisan support we needed, Senator
Heller and I had to compromise a great deal. We didn't get everything
we wanted when we initially negotiated our provisions last year, and we
had to compromise further still this year, particularly with regard to
government reporting under section 702, which authorizes the
collection, for intelligence purposes, of communications of foreign
persons abroad. I am disappointed the bill doesn't include all of the
requirements we agreed on last year and that were included in the
Senate bill last Congress, which had 58 votes.
But I am committed to pressing my colleagues to revisit this issue in
the
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future--hopefully before the sunset of section 702--in 2017. That, of
course, is the Internet traffic of foreign persons abroad who are
suspected of being terrorists.
But in the meantime, the good news is that after all the give-and-
take, our provisions that did get included in the bill will usher in a
new era of transparency about our Nation's surveillance agencies. They
will allow the American public to see--on an annual basis--whether the
government really makes good on its promise to end bulk collection, and
they will give those of us in Congress important tools as we work to
continually improve our country's laws.
The transparency provisions are an essential part of USA FREEDOM, and
the bill overall is a step in the right direction for reforming our
Nation's intelligence laws. It is a step that the House has already
taken on an overwhelmingly bipartisan basis. It is a step that the
Senate should take as well.
I yield the floor.