USA Freedom Act Passes House, Codifying Bulk Collection For the First Time, Critics Say

After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that seeks to address the NSA’s controversial surveillance of American communications. However, opponents believe it may give brand new authorization to the U.S. government to conduct domestic dragnets.

The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization.

Today’s legislation would prevent the government from issuing such orders for bulk collection and instead force it to rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.

“A vote in favor of this bill is a vote to end dragnet surveillance in the United States,” Rep. John Conyers, D-Mich., a co-sponsor of the legislation, claimed on the House floor ahead of the vote.

However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection.

“We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding.

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