There is still no warrant requirement in the newest version of the FISA(702) reauthorization bill as proposed [SEE HERE]. The new modifications are only nine pages, and I would recommend all interested parties to review the language.
The House proposal is for a three-year extension of 702 with a new structural compliance report process that requires the FBI to submit a monthly report to the Civil Liberties Protection Officer (CLPO) within the office of the Director of National Intelligence. Essentially, the ODNI becomes the compliance auditor for how the FBI uses the process.
The CLPO reviews the names and summaries of intents that have been searched through the use of FISA (702) as submitted -monthly- by the FBI. If there are any violations or concerns the CLPO notifies the Intelligence Community Inspector General for investigation. Both the CLPO and the ICIG report to the ODNI (Tulsi Gabbard, currently).
“The Inspector General of the Intelligence Community shall investigate each query referred … to determine whether the query constitutes a violation of laws, rules, or regulations or an abuse of authority.” It’s another layer of compliance review intended to stop search abuses within the database that is held and maintained by the NSA and U.S. Cyber Command.
Here’s the issue with that part: The FBI can only submit the names that were searched if they are aware of them. Meaning, the FBI doesn’t maintain the audit trail, so the FBI only knows who was searched using 702 based on the FBI ‘searcher‘ reporting their search.
This compliance process doesn’t address unlawful database searches that are not reported because they are unknown to the FBI compiling the report.
The NSA and Cyber Command would still need to be monitoring and auditing the searching of the NSA database; and those searches may, or may not, be done by FBI officials who are filling out reports telling the DNI of their activity.
If a non-FBI person is abusing the database; or if an FBI agent simply doesn’t report his search; that/those search(es) would not show up on the monthly report to be delivered to the CLPO. Hence, how would the Civil Liberties Protection Officer even know?
That layer of compliance just doesn’t make sense.
If this process was indeed going to be a compliance review, then the report should come from the NSA/Cyber Command, not the FBI, and the NSA/Cyber Command could simply provide the audit trail to the Civil Liberties Protection Officer (DNI) monthly.
This could even be done today, without any FBI involvement whatsoever.
The simple fact that congress is putting the FBI into the compliance loop; in combination with the knowledge that the FBI is completely and institutionally corrupt, tells me that congress is trying to maintain a system that can be exploited for unlawful or unauthorized searches.
I’m not known for beating around the bush, and that is the reality of the thing. A compliance layer that includes the FBI generating a monthly report on their use of the database, is simply another layer the FBI can manipulate in order to abuse the database.
I note that nowhere in the reauthorization bill does it expressly designate who from within the FBI is responsible for the reporting.
” congress is trying to maintain a system that can be exploited for unlawful or unauthorized searches.”
Congress has a financial interest in continuing the secret police spy state. this is how it goes. the secret police spy state (commonly referred to as the CIA…but it’s much more complex than a single agency..involving financial titans across the globe), has the power to surveil anyone and anything at anytime. Whether Congress authorizes or pretends to place limits on it, does not in any way change the actual intelligence gathering operation…it is a veneer …a game of pretend to create the illusion that the intelligence gathering is done only for the purposes of national security. it is not that. it is in fact a means to gather the most important secrets in near real time in order to bankroll that knowledge and take positions, trades, contracts, agreements, and other private deals…as well, this intelligence is sold for money. it is the most important commodity of any..intelligence. Congress allows it for the most simple of reasons: they have the same interests in using the same intelligence to enrich themselves and bankroll it, enhance it with particular bills and earmarks. many of these deals are not public..not traded stock…but private deals. private contracts. intelligence allows you to get ahead of the competition to the point where there is no friction in a business opportunity…a literal sure thing…slam dunk…winner winner chicken dinner. luck not applied…just access to information that no one else is privy to…that may or may not actually even make it to the public…
its’ the dirty no so secret way that Congress and lobbyist and contractors that support them make enormous wealth. Pelosi is not an exception to the rule. She simply exemplifies just how corrupt Congress really is. The fact is that pelosi …her own self created problem is that she refused to share intelligence with others..and THAT is why she drew the ire and was exposed. One needs to realize this. They all want that information…it’s gold…far more valuable. And if you have it and you do not share it, sooner or later others in Congress will find a way to isolate you, demonize you, insult you and threaten you with ethics violations and even potential expulsion from Congress.
the secret police spy state is central to the biggest most powerful corruption schemes that make Congress millions, billions. so of course they would never want to turn off the faucet. They will tell you to your face…without this power, we make the country at risk of terrorism…with it, we make the nation safer. but there is just one problem with that argument.
apparently not a single case of terrorism or any other crime for that matter was prevented by this spying apparatus. no one wants to discuss that obvious contradiction. if the spying was so effective, we would hear about it…constantly…it would be on the evening news every night. this terror operations was arrested. that criminal gang was rounded up…border crossing terror agents and arms were seized and we can thank the surveillance apparatus for giving us the information in advance to stop these terrorist and criminals.
but what is the reality….crickets…not a peep…
that needs to be a part of the discussion, but of course Congress would never allow such a debate to happen. It would invite more than just suspicions and doubts that these spying powers are doing anything at all to make us safe….it would invites obvious questions about how was it possible for hundreds of thousands of trades on the stock market at just the right time, in advance of what would later become very important open source news. it would invite the kinds of questions that we really all US already KNOW…that congress isn’t just doing insider trading..but they are using exclusive information gathered by the intelligence agencies…namely the CIA. And why would the CIA provide this….because again, its about a partnership….we collect, you give us the power to collect and in return we give you information that is valuable and you make bank. it is also a way to compromise and control Congress….anyone who gets out of line, they have a compromising issue that could lead to their removal from Congress, possibly even criminal violations. So they all agree to partner together…Congress gives them the power, the spying agencies give them the information.
God Bless America
Spot on. This helps fill in the picture. A good illusionist uses the art of distraction while they perform tricks. The illusionists in both wings of the uni-party push the occasional outrage-du-jour to keep the peasants fighting while they enrich themselves. We now see that SPLC was fueling violence as a profit motive.