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Senate rejects FBI bid for warrantless access to internet browsing histories

111 points| spenvo | 9 years ago |zdnet.com

33 comments

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[+] makecheck|9 years ago|reply
This is the thing I hate about the congress: they can be as efficient or inefficient as they please and nothing seems to be able to affect them.

Terrorist? New legislation comes to the floor immediately with the aim to curtail this liberty or that one. Not only that but everyone seems to actually show up, and there is enthusiasm about voting.

New Supreme Court justice needed, the appointment of whom is literally the senate’s assigned job? Nah, we’re gonna drag our feet for months and months and months. And we are never going to actually get around to doing one of the few things that we are clearly assigned to do. And there will be no repercussions.

I’ve never had a job in my life where I didn’t have a manager checking in at least every week or two to see what’s up. I’ve never had a job where I wouldn’t have been fired if I refused to do something for months. For congresspeople, there should be provisions that require them to do every assigned task in a very clear time frame; any who “selectively” do their jobs should be fired.

[+] hobs|9 years ago|reply
As far as I know the ability to drag your feet is one of the main powers of our elected officials if they disagree with the way things go; they can usually just do nothing until someone gets voted out of office or dies or the political winds change.

Forcing action oftentimes can lead to shortsighted actions which have long term negative effects, I don't know if forcing the hands of people I generally disagree with would result in a better status quo for us all.

eg In the supreme court example the republicans are playing political football with people that could have easily gotten confirmed under a republican president(a stupid game which does nothing but hurt the country), but how do you distinguish that from legit dragging your feet/filibustering political appointees that are actually bad for us all?

The correct action in a democracy to those who refuse to do their jobs in public office is to vote out the people and replace them with people who will move forward, but as polls show people are generally happy with their representation and blame others for their problems.

[+] travmatt|9 years ago|reply
The inefficiency of congress is a feature, not a bug actually - inefficiency being the bulwark against populist overreaction. The senate's staggered elections are designed thusly so that all of the senate is never fully exposed to the short-term populism of the electorate as the house is.
[+] dragonwriter|9 years ago|reply
> I’ve never had a job in my life where I didn’t have a manager checking in at least every week or two to see what’s up. I’ve never had a job where I wouldn’t have been fired if I refused to do something for months.

Members of Congress are accountable to the electorate of their district (or, for Senators, state.) If those people want their member of Congress to do something, they demonstrate that by holding them accountable if they fail to do it.

[+] protomyth|9 years ago|reply
> New Supreme Court justice needed, the appointment of whom is literally the senate’s assigned job?

No Senate in a Presidential election year will ever allow a vote on a Justice when the Senate and President are of different parties. It hasn't been done in the past, and it won't be done in the future. The Court is still doing business with 8, as it has in the past and probably will in the future.

[+] bpchaps|9 years ago|reply
Posted this in the other thread about this. I think it's important enough to paste here:

If anybody wants to do something about this with me and others, start sending Foia requests for similar information to your local and state governments. You'll find that there is a huge amount of aversion towards releasing things like call logs and email. Push on and on and you'll eventually get what you're looking for. Highlighting the absurdities of these laws through civil reciprocation may just go a long way.

If all goes as best as it can go, I should have Chicago's mayor's office's dns resolution logs tomorrow. Just so I can limit an email search since they consider it too difficult to search for three companies in their email records for a single week. It's taken a year and a half to get this far, but it takes minutes for them to do the same.

This is absurd.

This isn't a place for journalists anymore. None I've talked to are ever willing to do anything similar because of the time it takes to get a request fulfilled. Don't be like them, and just persist, dammit.

https://docs.google.com/spreadsheets/d/1hgG79eIr8MbkjYrCvcTR...

[+] privong|9 years ago|reply
This is important:

> Mitch McConnell (R-KY) switched his vote at the last minute. He submitted a motion to reconsider the vote following the defeat. A new vote may be set for later on Wednesday.

So while it didn't advance this morning, it will likely come up for another vote later today. It hasn't been "rejected" per se, but has at least experienced a (potentially short) setback.

[+] jack12|9 years ago|reply
It required 60 votes, and received 59 (officially 58 because McConnell switched his vote to retain the ability to reintroduce it). It only needs one more vote to pass, in other words. Feinstein was absent today, but will presumably be vote number 60 next time.
[+] wheaties|9 years ago|reply
...and they will keep trying to get it until someone higher than them either forbids it outright or we change their culture from within. It is clear that a cultural change at the FBI, CA or NSA is decades away, leaving us only the first option.
[+] JumpCrisscross|9 years ago|reply
Note that this bill's sponsor, John McCain, is being primaried by a Fourth Amendment proponent Kelli Ward [1]. The Democrat candidate, who is polling ahead of McCain, doesn't mention the Fourth Amendment under her issues page [2].

[1] http://www.kelliward.com/fourth_amendment

[2] http://www.kirkpatrickforsenate.com

[+] protomyth|9 years ago|reply
Last poll I saw, it was a dead heat in one and widely varied in others. It must be a bit worrisome since Pres. George W. Bush do a campaign stop for McCain.
[+] rm_-rf_slash|9 years ago|reply
My cynical opinion is that the provisions of this bill will be quietly tacked onto a budget bill and passed without debate.
[+] throwawaysocks|9 years ago|reply
They already are tacked on to a budget bill. From TFA:

Sen. John McCain (R-AZ) introduced the amendment as an add-on to the commerce, justice, and science appropriations bill earlier this week

[+] asksol|9 years ago|reply
Does it really apply to just browser histories? Does it mean they can take your computers without warrant to get to this history, or does it mean ISPs will have to sniff traffic to extract URLs visited and keep a log of them (for how long?).

It doesn't make much sense to me, unless they are carefully wording this into something that seems reasonable to the public ("I'll just use private mode, no deal") when it really means monitoring all our internet traffic. But then why is the media repeating it?

[+] coroutines|9 years ago|reply
I was initially confused thinking "how would they get the NAT information from my home router.. from the ISP?", then I remembered some providers do NAT at their level now. Sucked when AT&T did it - made it impossible to view the entry-level IP cameras we had remotely (well, I could have set up a VPN...)
[+] droopybuns|9 years ago|reply
Good journalism doesn't bury the raw material. Go back to journalism school, zdnet.

For those who want to read it- only took me about 15 minutes to get to the following:

The amendment is as follows: (Purpose: To amend section 2709 of title 18, United States Code, to clarify that the Government may obtain a specified set of electronic communication transactional records under that section, and to make permanent the authority for individual terrorists to be treated as agents of foreign powers under the Foreign Intelligence Surveillance Act of 1978) At the appropriate place , insert the following:

SEC. lll. Section 2709 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: ‘‘(b) REQUIRED CERTIFICATION.— ‘‘(1) IN GENERAL.—The Director of the Federal Bureau of Investigation, or his or her designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request, request information and records described in paragraph (2) of a person or entity, but not the contents of an electronic communication, if the Director (or his or her designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information and records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States. ‘‘(2) OBTAINABLE TYPES OF INFORMATION AND RECORDS.—The information and records described in this paragraph are the following: ‘‘(A) Name, physical address, e-mail address, telephone number, instrument number, and other similar account identifying information. ‘‘(B) Account number, login history, length of service (including start date), types of service, and means and sources of payment for service (including any card or bank account information). ‘‘(C) Local and long distance toll billing records. ‘‘(D) Internet Protocol (commonly known as ‘IP’) address or other network address, including any temporarily assigned IP or network address, communication addressing, routing, or transmission information, including any network address translation information (but excluding cell tower information), and session times and durations for an electronic communication.’’. SEC. lll. Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking subsection (b).

If you are calling your representatives, the relevant points of reference are:

On June 20th, Senator McCain introduced an amendment to section 2709 of title 18 that allows the director of the FBI to obtain (among other things) internet protocol records of american citizens without a warrant.

If you're inclined to, I'd suggest calling them and underlining the importance of the warrant process for approving collection of this data, rather than the FBI's opinion that it is important.

J. Edgar Hoover taught us that the FBI cannot be trusted with this kind of open-ended privilege. Even with judicial review, the FBI still misbehaves. Let's not make it easy for them to be lazy.

https://www.theguardian.com/technology/2013/feb/19/aaron-swa...