Source: Security Magazine
27 Jan 2020

“This debate has been ongoing for some time now and there is clearly a need to protect the rights of the individual around the collection, processing and storage of personal data.” Steve Durbin, Managing Director, ISF 

U.S. Sen. Steve Daines, R-Mont., and Rep. Warren Davidson, R-Ohio, introduced a bill to reform Section 215 of the PATRIOT Act and prevent abuses of the Foreign Intelligence Surveillance Act.

The bill comes ahead of the March 15 expiration of Section 215, which the National Security Agency used to create a secret mass surveillance program that swept up millions of Americans’ phone calls.

“Montanans want their privacy protected. That’s why I’m fighting to protect our civil liberties and to stop the federal government from interfering into our lives,” Sen. Daines said.

“As a former Army Ranger, I know the important role intelligence plays in protecting our country. However, ignoring the 4th amendment does not make Americans safer or more secure. Recent court decisions have made it clear that FISA section 215 is a clear violation of Americans’ right to privacy,” said Rep. Davidson. “I am proud to be an original cosponsor of bipartisan legislation that does a great deal to reestablish the Fourth Amendment’s privacy protections.”

The bill includes a host of reforms:

  • It would permanently end the flawed phone surveillance program, which secretly scooped up Americans’ telephone records for years.
  • It would close loopholes and prohibit secret interpretation of the law, like those that led to unconstitutional warrantless surveillance programs.
  • It would prohibit warrantless collection of geolocation information by intelligence agencies.
  • It would respond to issues raised by the Inspector General’s office by ensuring independent attorneys, known as amici, have access to all documents, records and proceedings of Foreign Intelligence Surveillance Court, to provide more oversight and transparency.

Steve Durbin, Managing Director of the Information Security Forum, says, “The bill addresses two issues of concern – the Fourth Amendment rights embedded in the Constitution and the increasing level of awareness of the need for protection of the privacy rights of the individual, a very 21st Century issue. The challenge for us all both inside and outside of government is how to balance the rights of the individual in an increasingly cyber enabled world in which cybercrime is becoming the norm with the needs of law enforcement to gather material for the protection of us all. There must be a balance between handing powers to the authorities to protect its citizens whilst also ensuring the protection of the individual’s right to privacy. But what is the right balance and how do we achieve it?”

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