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Slashdot: US Spies Are Lobbying Congress To Save a Phone Surveillance 'Loophole'

US Spies Are Lobbying Congress To Save a Phone Surveillance 'Loophole'
Published on July 29, 2023 at 01:30AM
An effort by United States lawmakers to prevent government agencies from domestically tracking citizens without a search warrant is facing opposition internally from one of its largest intelligence services. From a report: Republican and Democratic aides familiar with ongoing defense-spending negotiations in Congress say officials at the National Security Agency (NSA) have approached lawmakers charged with its oversight about opposing an amendment that would prevent it from paying companies for location data instead of obtaining a warrant in court. Introduced by US representatives Warren Davidson and Sara Jacobs, the amendment would prohibit US military agencies from "purchasing data that would otherwise require a warrant, court order, or subpoena" to obtain. The ban would cover more than half of the US intelligence community, including the NSA, the Defense Intelligence Agency, and the newly formed National Space Intelligence Center, among others. The House approved the amendment in a floor vote over a week ago during its annual consideration of the National Defense Authorization Act, a "must-pass" bill outlining how the Pentagon will spend next year's $886 billion budget. Negotiations over which policies will be included in the Senate's version of the bill are ongoing. In a separate but related push last week, members of the House Judiciary Committee voted unanimously to advance legislation that would extend similar restrictions against the purchase of Americans' data across all sectors of government, including state and local law enforcement. Known as the "Fourth Amendment Is Not For Sale Act," the bill will soon be reintroduced in the Senate as well by one of its original 2021 authors, Ron Wyden, the senator's office confirmed. "Americans of all political stripes know their Constitutional rights shouldn't disappear in the digital age," Wyden says, adding that there is a "deep well of support" for enshrining protections against commercial data grabs by the government "into black-letter law."

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