The House Judiciary Committee will hold its first hearing next week on two of the NSA spying programs revealed by whistleblower Edward Snowden that vacuum up domestic content despite being ostensibly targeted at foreigners: PRISM and Upstream.
But, to the great consternation of 26 government accountability groups who wrote an angry letter to committee leaders on Wednesday, the public is not invited. The entire hearing is classified, and closed.
Section 702 of the Foreign Intelligence Surveillance Amendments Act of 2008, which has been cited as the legal authority for those two programs, lapses next year.
The debate over whether to reauthorize it is expected to be the most substantive public examination of the NSA’s surveillance regime since Congress’s decision to end NSA’s collection of bulk metadata of U.S. phone calls.
Kicking off that debate with a closed hearing sets the wrong tone, groups including openthegovernment.org and the ACLU wrote in their letter. “It continues the excessive secrecy that has contributed to the surveillance abuses we have seen in recent years and to their adverse effects upon both our civil liberties and economic growth.”
The authors of the letter reminded the committee that discussions over the original passage of the FISA Amendments Act in 2008 “happened largely in open session,” and that matters of national security are often discussed in open hearings, with classified briefings reserved for specific questions.
Specifically, they wrote, “In the case of Section 702 implementation oversight, a completely closed hearing is unnecessary to provide members with an adequate understanding of how the law is currently implemented by the executive branch and whether that exceeds Congress’s original intent.”
The two programs that run under Section 702 vacuum up hundreds of millions of online messages and voice communications, including emails, Skype calls, and Facebook messages, that involve “targeted” suspects overseas and the people they talk to. PRISM gets the data from companies like Google, Apple, and Yahoo. Upstream siphons it off from major internet cables owned by the big telecom companies.
The programs accidentally sweep up American communications, too — how many, we still don’t know. And once those communications are in the database, the NSA can search them without a warrant.
“Closed briefings are necessary for members of Congress to ask questions about classified information,” said Judiciary Committee member Jim Sensenbrenner, R-Wisc., in a statement to The Intercept. “However, I would support a subsequent open hearing on Section 702 of the Foreign Intelligence Surveillance Act because transparency and public discussion are critical to the reform and reauthorization of Section 702.”
Sensenbrenner was the original author of the USA Patriot Act, which was interpreted by the NSA as authorizing bulk collection of American telephone records. Since the Snowden revelations, Sensenbrenner has argued the law was never meant to sanction that kind of power. He has sponsored the Judicial Redress Act, which is aimed at providing foreigners the opportunity to sue in some cases where they claim their data is being improperly handled. Section 702 has basically no protections for foreign citizens’ data — despite President Barack Obama’s pledge to provide privacy protections to those overseas.
Rep. Zoe Lofgren, D-Calif., a longtime privacy advocate, called for holding an open hearing soon. “Reports indicate that FISA Section 702 authority has been used by the NSA to search Americans’ photographs, emails, and other communications without warrant or probable cause,” she said in a statement emailed to The Intercept. “The House has twice overwhelmingly voted to close the 702 loophole. During markup last year, Chairman [Bob] Goodlatte indicated his intent to deal with these problems before the 702 sunset date forces Congress to act hastily. While it is important to address some questions in a classified setting, open hearings on the aspects of 702 surveillance that are not classified are essential. I hope the committee will hold a public hearing in the coming weeks.”
Closed sessions deprive not just the public of information, but other members of Congress as well. “The warrantless surveillance conducted under Section 702 of the Foreign Intelligence Surveillance Act is arguably worse than the collection of records authorized by Section 215 of the Patriot Act,” Rep. Thomas Massie, R-Ky., said in a statement to The Intercept. “Unfortunately, closed committee sessions and insufficient congressional oversight contributed to the evolution of our unconstitutional surveillance state. Moving forward, it is imperative that Congress approach Section 702 reform as openly as possible.”
Top photo: House Judiciary Committee member Rep. Trey Gowdy, R-S.C., entering a restricted area on Capitol Hill.
Privacy for no one except the government. Do as we say, not as we do. Can anyone say: “Hypocrisy”?? Boy oh boy have we got a long way to go on fairness, equality, freedom, and transparency.
And speaking of transparency, our government is transparent alright (I’m being sarcastic, BTW)…I can see right through them!
Clearly, they’re not interested in actual reform. They’re interested in ratcheting up the security apparatus, and doing so in a closed environment where no one else without a clearance is allowed, leaving the general public to guess at their intentions….the founding fathers of this country are all spinning over in their graves so rapidly, that we could solve the world’s energy problems by hooking them up to turbines!
As the character Detective Mike Vargas said in the Orson Wells movie Touch of Evil, “police work is only easy in a police state.”* Well, we live in a police state, defined by the facts that we must obey the police without question and that they act with almost complete impunity. So of course these hearings would be held in secret; it’s none of our business! And rest assured, the overriding priority will be the fascist National Security, not our privacy and/or right thereto.
* I believe that to be an exact quote, but I saw this movie a long time ago and the quote might not be exact.
I find it amazing that we can even consider these political miscreants as anything other than ‘moles’ insinuated into our politics by the likes of the Saudi Monarchs, or the world oligarchy, in order to disrupt it! Any nation’s leaders that make ‘best friends’ agreements…or become allied with the likes of Israel and the Saudi’s…nations known full well for the horrors they perpetrate upon their own citizens, do not belong in our government! And those in our government who specialize in assassinating democratically elected leaders of other nations, in order to procure wealth for the corporate world, well, you can see their presence in the secret security state that envelopes our nation today! This isn’t democracy!
I have a new category for these hearings. CONGRESSIONAL MISCONDUCT.
I believe knowledge is power. Those who are holding power right now don’t want to give up their power. In spite of the fact that the very people who are being monitor have every right to know who, what, why and where this monitoring is being conducted. How much is it costing taxpayers? Who has access to the info. they collect. How is it used? What is the justification? Who is funding the coffers of representatives involved in this secret meeting?
The federal government is completely out of control. It is best to think of them as a gang of dangerous criminals, and behave accordingly.
Why the closed door secrecy?
If they’re not doing anything wrong, they have got nothing to hide, right?
Word.
There is only one thing you can trust about the Government & that is you CAN’T trust the Government ! ! Wise up America !
Why would any true loyal Americans, be they Democrat or Republican, Male or Female, White,Black,Hispanic or other, vote for a Democrat or a Republican when both .parties have shown their willingness to subvert the Constitution, our Civil Liberties, and our National Sovereignty through the TPP (The Trans Pacific Partnership) and have been doing so for decades & the Governments own records have proven this to be true ! We are being sold out by the Democrats & Republicans ! It now has become a choice between Fascism or Liberty & Fascism is winning !
Both parties have been complicit in this criminal activity. Some will say they don’t want to waste their vote, but you are already wasting your vote on Democrats & Republicans because they are the ones who have already betrayed us ! This should be a joint effort on the part of all Americans, Democrats,Republicans & Independent voters ! Organize now before its to late ! Your liberty is at stake and that of your children & grandchildren !
We get the Government we deserve, and nothing will change until we stop electing Democrats & Republicans after all they are the ones subverting the Constitution, & they must be held to account both politically & legally !
Both parties are owned by corporate America, two sides of the same coin ! Wise up America .
No more lies, excuses, rationalizations,or justifications, the public needs to hold these officials to account to the fullest extent of the law under Title 18 sec. 241 & 242 (Google it), so any future traitors will know there will be consequences to such behavior.
Unaccountable power is absolute power, & is absolutely corrupt !
As Mr. Snowden said the Politicians are afraid of you ! Now is the time exercise you power, you may not get another chance !
REMEMBER: POLITICIANS, BUREAUCRATS AND DIAPERS SHOULD BE CHANGED OFTEN AND FOR THE SAME REASON.
Some words of true Patriots are as follows, as opposed to the words of false flag patriotism of bought & paid for professional politicians of today.
He that is of the opinion money will do everything may well be suspected of doing everything for money.
Benjamin Franklin
He that is good for making excuses is seldom good for anything else.
Benjamin Franklin
Experience hath shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.
Thomas Jefferson
Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.
Thomas Jefferson
Tyranny is defined as that which is legal for the government but illegal for the citizenry.”
Thomas Jefferson.
“But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security,”
Thomas Jefferson wrote this in the Declaration of Independence .
In framing a government which is to be administered by men over men you must first enable the government to control the governed; and in the next place oblige it to control itself.
James Madison
Liberty may be endangered by the abuse of liberty, but also by the abuse of power.
James Madison
The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.
Patrick Henry
“We the People are the rightful masters of BOTH Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution”
Abraham Lincoln
America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.
Abraham Lincoln
We should not forget the warning of President Eisenhower .
https://www.youtube.com/watch?v=vLqWfWxqh_0
The NSA is controlled & operated by the DOD & the MIC (Military Industrial Complex) Private Corporations.
“The very word “secrecy” is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it.”
President John F. Kennedy
Waldorf-Astoria Hotel
April 27, 1961
As is said in the law, falsus in uno, falsus in omnibus. (“False in one thing, false in all things” is an instruction given to jurors: if they find that a witness lied about an important matter, they are entitled to ignore everything else that witness said.) The Government has been lieing to the American public for decades !
As a reminder Hermann Goering said at the Nuremberg Trials .
“The people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country.”
“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.”
Benito Mussolini
Time to start removing the corporate Congress from office & defunding the NSA & the Police Surveillance state, to pre 9-11 levels & force them to comply with the law & impose jail time for non compliance under USC Title 18 Sec. 241 & 242 (Google it) .
So VOTE just don’t vote for a Democrat or Republican, send them a message they can’t ignore and will understand ! ! ! They are the problem not the solution !
Only after the members of our 3 branches of Government, both Republicans & Democrats who conspired in this criminal conspiracy & violated the Constitution are prosecuted, should Mr. Snowden be charged with a crime. Prosecute those who broke the law first, in chronological order, then the Government can get around to Mr Snowden .
The short version of the above is as follows:
Any Government or Party that doesn’t abide by the Constitution does not deserve our respect or support ! ! ! They are traitors !
Disclaimer: Be advised it is possible, that this communication is being monitored by the National Security Agency or GCHQ. I neither condone or support any such policy, by any Government authority or third party that does not comply, as stipulated by the 4th Amendment of the U.S. Constitution.
Failed to mention McConnel’s AUMF: it specifically mentions social media use and the President’s ability to act almost without bounds provided he send Congress a report every sixty days..
If McConnell’s AUMF passes do not expect to hear about domestic surveillance activities stopping any time soon.
It’s funny how the government does the exact opposite of what the U.S. Const. wants regarding balances of power and rights.
The U.S. gov. response to a CONUS terror attack should be to loosen unconst. restrictions on firearms and respect privacy; instead, they tighten the restrictions and disrespect pre-existing rights…. all the while gobbling up more power and in some consolidating power.
Congress doesn’t want us to know what they let the National Screwyouity Agency (NSA) do to us with our taxes!
I’m sure we will learn what they get together “privately”
to decide we are to know.
Mommy and Daddy know what is best.
Now, what outside the chamber of delights until
Mummy tells you it is okay to come in……
Echelon – a computer system developed in secret to predict market trend’s and vacuum up all telecommunications under national science patent 666 along side money secretly siphoned off into off-shore bank accounts in a triangle making up six hundred and sixty six degree’s, back-doors in Windows XP RAND Bios with Comp trace, insider trading dealing with Bug disclosure at every step and Straw-man *cough* Stallman’s broken compiler and peoples software freedoms at the heart of the debate. Wow, what I wouldn’t give to be a fly on the wall at that hearing to listen to the lies used to justify putting back-doors, viruses and other evil shit in peoples personal computers just so some teenage kid can get a hard-on selling and trawling your private data.
Did you know the EU developed encryption specifically to prevent the kind of thing the NSA is trying to create?