FISA Accountability and Privacy Protection Act of 2013 (S. 1215; 113th Congress)

Last updated

FISA Accountability and Privacy Protection Act of 2013
Great Seal of the United States (obverse).svg
Long titleTo strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.
Announced inthe 113th United States Congress
Sponsored by Patrick Leahy
Number of co-sponsors10
Legislative history

The FISA Accountability and Privacy Protection Act of 2013 is a bill sponsored by Sen. Patrick Leahy in the wake of the global surveillance disclosures of 2013. The bill proposes to limit government surveillance and other reforms of US surveillance. [1] The bill has been compared to the USA Freedom Act in the House, also supported by Sen. Leahy. [2] [3]

Related Research Articles

<span class="mw-page-title-main">United States Foreign Intelligence Surveillance Court</span> U.S. federal court

The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies.

<span class="mw-page-title-main">Patriot Act</span> 2001 United States anti-terrorism law

The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.

The Electronic Privacy Information Center (EPIC) is an independent nonprofit research center established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Based in Washington, D.C., their mission is to "secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation."

<span class="mw-page-title-main">Russ Feingold</span> American politician (born 1953)

Russell Dana Feingold is an American politician and lawyer who served as a United States Senator from Wisconsin from 1993 to 2011. A member of the Democratic Party, he was its nominee in the 2016 election for the same U.S. Senate seat he had previously occupied. From 1983 to 1993, he was a Wisconsin State Senator representing the 27th District.

<span class="mw-page-title-main">Patrick Leahy</span> American politician and attorney (born 1940)

Patrick Joseph Leahy, is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party, he also was the president pro tempore of the United States Senate from 2012 to 2015 and from 2021 to 2023.

<span class="mw-page-title-main">Foreign Intelligence Surveillance Act</span> 1978 United States federal law

The Foreign Intelligence Surveillance Act of 1978 is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.

<span class="mw-page-title-main">NSA warrantless surveillance (2001–2007)</span> Part of Terrorist Surveillance Program

NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — was the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.

<span class="mw-page-title-main">Section summary of Title II of the Patriot Act</span>

The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections containing a sunset clause which sets an expiration date, of 31 December 2005, for most of the title's provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.

The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent agency within the executive branch of the United States government, established by Congress in 2004 to advise the President and other senior executive branch officials to ensure that concerns with respect to privacy and civil liberties in the United States are appropriately considered in the development and implementation of all laws, regulations, and executive branch policies related to terrorism.

<span class="mw-page-title-main">History of the Patriot Act</span>

The history of the USA PATRIOT Act involved many parties who opposed and supported the legislation, which was proposed, enacted and signed into law 45 days after the September 11 terrorist attacks in 2001. The USA PATRIOT Act, though approved by large majorities in the U.S. Senate and House of Representative, was controversial, and parts of the law were invalidated or modified by successful legal challenges over constitutional infringements to civil liberties. The Act had several sunset provisions, most reauthorized by the USA PATRIOT Improvement and Reauthorization Act of 2005 and the USA PATRIOT Act Additional Reauthorizing Amendments Act. Both reauthorizations incorporated amendments to the original USA PATRIOT Act, and other federal laws.

The State Secrets Protection Act, S. 2533, ("SSPA") was a bill first proposed in the U.S. Senate during the 110th Congress by Senators Kennedy, Leahy, and Specter on January 22, 2008. Senator Kennedy put out a press release explaining the rationale behind introducing the SSPA. Hearings were held before the Senate Judiciary Committee on February 13, 2008. On Thursday, April 24, the committee approved the proposed legislation, voting 11–8 to send the bill to the full Senate for consideration.

<span class="mw-page-title-main">Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008</span> United States Law

The FISA Amendments Act of 2008, also called the FAA and Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, is an Act of Congress that amended the Foreign Intelligence Surveillance Act. It has been used as the legal basis for surveillance programs disclosed by Edward Snowden in 2013, including PRISM.

<span class="mw-page-title-main">PRISM</span> Mass surveillance program run by the NSA

PRISM is a code name for a program under which the United States National Security Agency (NSA) collects internet communications from various U.S. internet companies. The program is also known by the SIGAD US-984XN. PRISM collects stored internet communications based on demands made to internet companies such as Google LLC and Apple under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match court-approved search terms. Among other things, the NSA can use these PRISM requests to target communications that were encrypted when they traveled across the internet backbone, to focus on stored data that telecommunication filtering systems discarded earlier, and to get data that is easier to handle.

<span class="mw-page-title-main">Reactions to global surveillance disclosures</span>

The global surveillance disclosure released to media by Edward Snowden has caused tension in the bilateral relations of the United States with several of its allies and economic partners as well as in its relationship with the European Union. In August 2013, U.S. President Barack Obama announced the creation of "a review group on intelligence and communications technologies" that would brief and later report to him. In December, the task force issued 46 recommendations that, if adopted, would subject the National Security Agency (NSA) to additional scrutiny by the courts, Congress, and the president, and would strip the NSA of the authority to infiltrate American computer systems using "backdoors" in hardware or software. Geoffrey R. Stone, a White House panel member, said there was no evidence that the bulk collection of phone data had stopped any terror attacks.

The Fourth Amendment Protection Acts, are a collection of state legislation aimed at withdrawing state support for bulk data (metadata) collection and ban the use of warrant-less data in state courts. They are proposed nullification laws that, if enacted as law, would prohibit the state governments from co-operating with the National Security Agency, whose mass surveillance efforts are seen as unconstitutional by the proposals' proponents. Specific examples include the Kansas Fourth Amendment Preservation and Protection Act and the Arizona Fourth Amendment Protection Act. The original proposals were made in 2013 and 2014 by legislators in the American states of Utah, Washington, Arizona, Kansas, Missouri, Oklahoma and California. Some of the bills would require a warrant before information could be released, whereas others would forbid state universities from doing NSA research or hosting NSA recruiters, or prevent the provision of services such as water to NSA facilities.

<span class="mw-page-title-main">USA Freedom Act</span> 2015 U.S. surveillance law

The USA Freedom Act is a U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. The title of the act is a ten-letter backronym that stands for Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015.

<span class="mw-page-title-main">FISA Improvements Act</span>

The FISA Improvements Act is a proposed act by Senator Dianne Feinstein, Chair of the Senate Intelligence Committee. Prompted by the disclosure of NSA surveillance by Edward Snowden, it would establish the surveillance program as legal, but impose some limitations on availability of the data. Opponents say the bill would codify warrantless access to many communications of American citizens for use by domestic law enforcement.

<span class="mw-page-title-main">Proposed reforms of mass surveillance by the United States</span>

Proposed reforms of mass surveillance by the United States are a collection of diverse proposals offered in response to the Global surveillance disclosures of 2013.

<span class="mw-page-title-main">Barack Obama on mass surveillance</span> Overview of the statements of former U.S. president Barack Obama on mass surveillance

Former U.S. President Barack Obama favored some levels of mass surveillance. He has received some widespread criticism from detractors as a result. Due to his support of certain government surveillance, some critics have said his support may have gone beyond acceptable privacy rights. This is of course a debatable conclusion. Many former US presidents have increased the abilities and techniques used for intelligence gathering. President Obama released many statements on mass surveillance.

The Email Privacy Act is a bill introduced in the United States Congress. The bipartisan proposed federal law was sponsored by Representative Kevin Yoder, a Republican from Kansas, and then-Representative Jared Polis, a Democrat of Colorado. The law is designed to update and reform existing online communications law, specifically the Electronic Communications Privacy Act (ECPA) of 1986.

References

  1. "The FISA Accountability and Privacy Protection Act of 2013 | U.S. Senator Patrick Leahy of Vermont".
  2. "OpenCongress - Track bills, votes, senators, and representatives in the U.S. Congress".
  3. "Leahy & Sensenbrenner Join to Introduce USA FREEDOM Act | U.S. Senator Patrick Leahy of Vermont".

[1] [2] [3]


  1. "FISA 2013: 10 Things You Need to Know About the New Accountability and Privacy Protection Act". International Business Times . June 26, 2013.
  2. "These 12 bills are the NSA's worst nightmare".
  3. "FISA and Patriot Act Under Fire in U.S. Senate". US News & World Report. June 25, 2013. Retrieved July 2, 2023.