[Congressional Record Volume 161, Number 120 (Tuesday, July 28, 2015)]
[Senate]
[Page S6068]
INTELLIGENCE AUTHORIZATION BILL FOR FISCAL YEAR 2016
Mr. WYDEN. Mr. President, the Senate is being asked to approve the
Intelligence authorization bill for fiscal year 2016 by unanimous
consent. When this bill was reported by the Senate Intelligence
Committee, I and other colleagues noted that it contained one provision
that required further debate.
This provision, section 603, would require Internet and
communications companies to make reports to the government if they
become aware of ``terrorist activity.'' Over the past 3 weeks a number
of Internet companies have raised very valid concerns about this
provision. In particular, they note that this provision is quite vague,
and does not specify how these companies should know what is and is not
terrorist activity.
The Internet Association, which is comprised of dozens of leading
technology companies, has warned that uncertainty about the meaning of
this vague language will create ``an impossible compliance problem''
and lead to ``massive reporting of items that are not likely to be of
material concern to public safety.'' That is obviously something that I
think every Senator wants to avoid. Internet companies should not be
subject to broad requirements to police the speech of their users.
There is no question that tracking terrorist activity and preventing
online terrorist recruitment should be top priorities for law
enforcement and intelligence agencies. And leading technology companies
certainly have a role to play here. The Director of the FBI testified
this month that technology companies are ``pretty good about telling
us'' when they see something of serious concern. But I haven't yet
heard any law enforcement or intelligence agencies suggest that this
provision will actually help catch terrorists, and I take the concerns
that have been raised about its breadth and vagueness seriously.
For these reasons, I object to this unanimous consent request. I look
forward to working with my colleagues to revise or remove this
provision so that the rest of the bill can proceed forward.
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