In NSA Bills, the Devil Is in the Details

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Sen. Patrick Leahy says that his USA FREEDOM bill will stop the NSA’s bulk collection of phone data. H.L. Pohlman says it’s not quite that easy:

In Presidential Policy Directive (PPD-28) issued in January 2014, the Obama administration defined “bulk collection” as the acquisition “of large quantities of signals intelligence data which . . . is acquired without the use of discriminants (e.g., specific identifiers, selection terms, etc.).” Thus, as long as the government uses a “discriminant,” a selection term, no matter how broad that term might be, the government is not engaged in a “bulk collection” program.

….The USA FREEDOM Act does not guarantee, then, that the government’s database of telephone metadata will be smaller than it is now. It all depends on the generality of the selection terms that the government will use to obtain metadata from the telephone companies. And we don’t know what those terms will be.

This is a longstanding issue that’s been brought up by lots of people lots of times. It’s not some minor subtlety. If the government decides to look for “all calls from the 213 area code,” that’s not necessarily bulk collection even though it would amass millions of records. It would be up to a judge to decide.

If and when we get close to Congress actually considering bills to rein in the NSA—about which I’m only modestly optimistic in the first place—this is going to be a key thing to keep an eye on. As the ACLU and the EFF and others keep reminding us, reining in the NSA isn’t a simple matter of “ending” their bulk collection program. The devil is truly in the details, and tiny changes in wording can literally mean the difference between something that works and something that’s useless. Or maybe even worse than useless. As Pohlman points out, if you choose the right words, the NSA could end up having a freer hand than they do today. This is something to pay close attention to.

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Truth #1: The chaos is the point.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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