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May 27, 2016 02:00 pm

Secret Text In Senate Bill Would Give FBI Warrantless Access To Email Records

mi quotes a report from The Intercept: A provision snuck into the still-secret text of the Senate's annual intelligence authorization would give the FBI the ability to demand individuals' email data and possibly web-surfing history from their service providers using those beloved 'National Security Letters' -- without a warrant and in complete secrecy. [The spy bill passed the Senate Intelligence Committee on Tuesday, with the provision in it. The lone no vote came from Sen. Ron Wyden, D-Ore., who wrote in a statement that one of the bill's provisions "would allow any FBI field office to demand email records without a court order, a major expansion of federal surveillance powers." If passed, the change would expand the reach of the FBI's already highly controversial national security letters. The FBI is currently allowed to get certain types of information with NSLs -- most commonly, information about the name, address, and call data associated with a phone number or details about a bank account. The FBI's power to issue NSLs is actually derived from the Electronic Communications Privacy Act -- a 1986 law that Congress is currently working to update to incorporate more protections for electronic communications -- not fewer. The House unanimously passed the Email Privacy Act in late April, while the Senate is due to vote on its version this week. "NSLs have a sordid history. They've been abused in a number of ways, including targeting of journalists and use to collect an essentially unbounded amount of information," Andrew Crocker, staff attorney for the Electronic Frontier Foundation, wrote. One thing that makes them particularly easy to abuse is that recipients of NSLs are subject to a gag order that forbids them from revealing the letters' existence to anyone, much less the public.]

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