Revising Spying with a Keener Eye toward Civil Liberties (S. 1599)

What is S. 1599?

(Updated October 27, 2017)

This bill would amend the Foreign Intelligence Surveillance Act, or FISA, a U.S. federal law which authorizes, among other things, electronic surveillance and data collection, with a significant purpose of such surveillance and data collection to obtain intelligence on foreign powers, terrorists and spies. Introduced by Sen. Leahy (D-VT) and Rep. Sensenbreener (R-WI), the bill:

-Purports to end all bulk collection of American phone and internet records by revising Patriot Act language to require the government to only collection "relevant and material" records related specifically to foreign terrorism or clandestine activities;

-Closes a loophole that currently allows the NSA to mine its databases for Americans' communications;

-Tightens oversight of so-called "national security letters," in which the FBI asserts that a foreign agent is working on American soil;

-Introduces a special advocate to support civil liberties in the Federal Intelligence Surveillance Court;

-Moves up the closing date of the FISA Amendments Act from December 2017 to June 2015. The Amendments Act permits the government to not keep records of searches and destroy records of existing searches; increase warrantless surveillance from 48 hours to 7 days, and grant immunity to telecommunications companies complicit in government surveillance, among other provisions.

Argument in favor

Goes farther in protecting American civil liberties than some competing legislation. Limits NSA data mining of existing records. Brings a greater level of transparency to FISA Courts.

Argument opposed

Does not unequivocally ban bulk collection of American records. Does not create a committee for Congressional oversight of surveillance programs. Neglects to address NSA attempts to sabotage encryption.

Impact

Impacts American civil liberties, and the means by and extent to which the government can use surveillance and data collection.

Cost of S. 1599

The CBO estimates implementing the bill would cost approximately $15 million over the 2015-2019 period.

Additional Info

Media:

Bloomberg: NSA Said to Exploit Heartbleed Bug for Intelligence for Years

ProPublica: What the Proposed NSA Reforms Wouldn't Do

USA Freedom Act Fact Sheet 

Of Note: 

-The House companion bill can be found here.