This week's HotW comes to us courtesy of the US House of Representatives: FISA Section 702. This bill extends the US intelligence community's legal ability to collect, store, and search our internet activity and digital communications through 2024, all without any pesky warrants. Under this policy, anyone who connects to the internet is suspected of "cybercrime" by default.
Bleeping Computer shines a light on some of the troubling expansions in the bill:
Under the new bill, FISA Section 702 will now allow the NSA to collect electronic communications of US citizens if they mention certain terms, and not necessarily if they communicate with non-US citizens via email or an online chat.
Furthermore, even if the bill says the FBI must obtain a warrant before searching the NSA database for data on US citizens, a warrant is not necessary if the FBI brands the situation a national security emergency, a term considered too broad and easy to bypass by EFF and ACLU experts.
The "I-have-nothing-to-hide" camp will continue trying to defend this policy and rolling their eyes at the Fourth Amendment, but the chilling effect of mass surveillance like this has been quantified already.
This policy has the potential to be against a wide swath of society, the ACLU confirms:
If you are a journalist talking about North Korea, a businessman expressing thoughts about the global economy, or an ordinary person discussing the Trump border wall proposal, your conversation could be considered “foreign intelligence” under the law’s broad definition.
The broad scope of this bill combined with the chilling effect of mass surveillance yields a tools that could easily erode freedoms of both speech and press.
However, there is a confusing wrinkle: recent reports claim the intelligence community's efforts against cybercrime rings are trival compared to previous years. Either these surveillance powers go unused or recent targets don't fall under the "cybercrime ring" category.
Make no mistake, this broad surveillance policy will continue be used widely early and often. It is frustrating to have a single policy that undermines the entire security industry. This bill poses the greatest risk to digital rights since the Rule 41 renewal.
This disaster of a policy, now bill S 139, could go to a Senate vote as soon a Jan 16, a day after MLK Jr Day in the US -- ironic since Dr. King serves as a cautionary tale against unchecked surveillance.