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Monday, July 8, 2024

Senate to vote on Paul's amendments to reform FISA practices

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U.S. Senator Rand Paul | U.S. Senator Rand Paul official website

U.S. Senator Rand Paul | U.S. Senator Rand Paul official website

On April 19, 2024, U.S. Senator Rand Paul (R-KY) introduced critical amendments to address a range of unconstitutional provisions in H.R. 7888, the Reforming Intelligence and Securing America Act (RISAA), and other governmental spying practices. Initially, RISAA was portrayed as a significant reform and reauthorization of the Foreign Intelligence Surveillance Act (FISA). However, instead of curbing overreach, RISAA extends it by granting government agencies unprecedented authority to compel private entities to disclose sensitive communication data. It also undermines essential oversight mechanisms, despite bipartisan calls for stronger safeguards.

The Senate is scheduled to vote on Dr. Paul’s amendments today. “We cannot continue sacrificing our freedoms in the name of security. Rather than reining in FISA overreach, RISAA expands it dramatically,” said Dr. Paul. “I urge my colleagues to support meaningful reforms that protect both national security and civil liberties.”

Dr. Paul's proposed amendments to RISAA represent a substantial effort to strike a balance between national security and individual privacy rights. These reforms are crucial steps towards modernizing surveillance laws and upholding fundamental liberties in the digital age.

SA 1828 aims to impose strict limitations on surveillance and information-gathering activities under FISA concerning Americans while protecting our national security within the legal system.

Key provisions include:

- Limitation on Surveillance: Prohibits electronic surveillance, physical searches, use of pen registers or trap-and-trace devices, production of tangible things, or targeting Americans for information acquisition.

- Limitation on Queries: Prohibits querying information collected under certain authorizations using search terms associated with Americans.

- Limitation on Use of Information: Information acquired or derived from surveillance activities under this Act cannot be used against Americans in legal proceedings except in specific cases outlined in the amendment.

SA 1829, the Fourth Amendment is Not For Sale Act, seeks to enhance privacy protections, regulate government entities’ data access, and establish clear guidelines for lawful data acquisition and use.

Key provisions include:

- Protection of Records Held by Data Brokers: Prohibits law enforcement and intelligence agencies from obtaining certain records and information from data brokers in exchange for anything of value.

- Required Disclosure: Limits the government’s ability to require disclosure of customer or subscriber records and illegitimately obtained information from third parties without a court order.

- Intermediary Service Providers: Introduces a definition for “intermediary service provider” and prohibits these providers from disclosing certain types of information to anyone without proper authorization.

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