MASSIEFLIX

Floor Debate on the Massie-Lofgren Amendment to Shut Surveillance Backdoors

Jun 15, 2016 · 13:13 surveillancefisafourth-amendmentpatriot-act

Bipartisan floor debate on the Massie-Lofgren amendment closing the FISA 702 backdoor search loophole used to spy on Americans without a warrant.

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Chapters

  1. 0:00 Introduction
  2. 3:15 the Gman from uh Kentucky I think the
  3. 6:38 plots including for one example the 2009 Plot
  4. 9:52 you obviously can get a warrant on the

Transcript

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  1. the chair recognizes a gentleman from Kentucky thank you Mr Speaker or Mr chairman our founding fathers included the fourth amendment in our constitution
  2. for a reason to require probable cause and a warrant before the government and government agents can spy on any of its citizens our founding fathers were fed
  3. up and frankly I think our citizens are fed up with being spied on by the government I'm here to offer an amendment today that would prevent
  4. warrantless surveillance of Americans with many of my colleagues and I want to mention that this bill this amendment has passed this house this body twice
  5. previously once 293 to 123 and another time 255 to 174 it enjoys broad bipartisan support
  6. my co-sponsors are Mr Jordan Mr roor Mr amamos representative poan representative Nadler gabard farenthold
  7. Lou Isa Butterfield Labrador gosar Delan po Conor ssen brener and Miss zo lofin from California who at this point I
  8. would like to yield two minutes of my time Mr chairman warrantless bulk collection of us person Communications
  9. and information was not ended with the USA Freedom Act twice in the last two years the house voted overwhelmingly to close two uh loopholes but house
  10. leadership blocked says first back door will be shut by prohibiting the search of government databases for information pertaining to US citizens without a
  11. warrant you can get the information but you have to get a warrant in October uh 2011 in a Declassified fisa Court
  12. decision we learned that tens of thousands of holy domestic Communications which are not even allowed to be collected under 70 702
  13. have been collected uh we need to make sure that when you look for an American in that database you get a warrant as the fourth amendment requires the second
  14. door to be shut prohibits the government from coercing companies into weakening security protections by creating back doors in products to make surveillance
  15. easier what's encryption it's sophisticated computer code that's is the most powerful tool we have for
  16. preventing Outsiders from Gaining entry into digital systems in Enon protects the power grid the air traffic control
  17. system and your smartphone even if a weakness in encryption is promoted and created with good intentions it's only a
  18. matter of time until a hacker finds and exploits it such flaws put data security of every person and business and really
  19. the security of the United States at risk our government should strengthen the technology that protects our privacy and our businesses and our country not
  20. take advantage of it the Massie laet Amendment will make America safer it will defend the force Amendment and I urge its adoption and I yield back to
  21. the Gman from uh Kentucky I think the the general lady from California May inquire as to how much time I have remaining two
  22. minutes at this point I'd like to reserve the balance of my Time gentleman Reserve for what purposes gentleman from New Jersey seek recognition chairman I
  23. rise in opposition to the amendment the gentleman is recognized this amendment would impose greater restrictions on the intelligence community's ability to
  24. protect our national security and create an impediment to the government's ability to locate threat information already in its possession such an
  25. impediment therefore would put a lot more American lives at risk at both home and abroad colleagues his recent events have tragically REM reminded us this
  26. issue is critical to our national security lawful inqu queries can enable an analyst to identify potential Terror
  27. plots to identify foreign Nations trying to hack into our networks and to locate foreign Intelligence Officers spying within our borders and yes locate
  28. hostage victims these authorities were fully considered as they should be and we'll hear in a moment from chairman goodl during the development and the
  29. consideration of the US Freedom Act I'm pleased to yield to my ranking member for any uh for 30 seconds simply associate myself with the Chairman's
  30. remarks I am opposed to the amendment I do appreciate the seriousness uh of people's opinion on both sides of this issue uh I'm an
  31. appropriator I don't have a complete allergic reaction to authorizing in an appropriation bill but given the seriousness of this issue and the
  32. complexity of it I don't think this is the right venue to make that decision uh it should be done in the authorizing process I thank to gentleman for
  33. yielding balance My Time gentleman reserves so gentleman from Kentucky is recognized Mr chairman I'd just like to reiterate all this amendment basically
  34. does is reassert the Fourth Amendment to the Constitution all of the tools currently available to our intelligence
  35. agencies and those that keep us safe in the United States would still be available the only thing that changes after this amendment passes is that the
  36. warrant is required to search for information on Americans this has been it's been this way constitutionally since the beginning of
  37. our country we're just trying to reassert that let them have all the tools they have today just require a warrant if you want to search for information on Americans at this point I
  38. would like to yield one minute sorry I'd like to reserve gentlemen reserves a gentleman from New Jersey I'd like to
  39. recog recognize a member of the intelligence committee Mr Stewart of Utah for 90 seconds gentleman is recognized Mr chair I rise today to
  40. oppose the mass Amendment and the inaccurate accusations that underly it and let me restate that the supposition of this amendment is based off a
  41. fundamental misunderstanding of intelligence operations contrary to rumors it is illegal to use 702 surveillance authorities to spy on
  42. Americans it is subject to multiple layers of oversight and section 702 is an extremely powerful tool that has proven effective in disrupting Terror
  43. plots including for one example the 2009 Plot to Bomb New York City subway if this amendment were in effect today the
  44. intelligence Community would be unable to query 702 database for the names of the Orlando nightclub attacker for his wife or even the nightclub itself we
  45. should be focusing on thoring terror attacks not on authoring the ability of intelligence to professionals to investigate and to stop them I urge
  46. members to prioritize the safety of US citizens and to reject false allegations and let me say that one more time false
  47. and irresponsible allegations of government spying on Americans we can scarcely afford to hamstring our intelligence Community as it
  48. investigates these horrific shootings and tries to prevent similar plots from reaching fruition all of us want to protect our privacy and our constitutional rights I want to protect
  49. our privacy and our constitutional rights but objections to intelligence operations must be based on facts and
  50. not rumors or misunderstandings limiting access to critical law enforcement tools to stop these plots would directly put Americans in danger and with that Mr chairman I
  51. yield back gentleman yields gentleman from Kentucky is gentleman from New Jersey reserves the gentleman from Kentucky is recognize Mr chairman how
  52. much time do I have one and a quar minutes Mr chairman at this time I'd like to introduce into the record a letter from the director of the National Intelligence Agency that uh shows that
  53. Americans are being spied on without a warrant using the 702 program that will be covered under General leave and uh at this time I'd like to reserve gentleman
  54. reserves a gentleman from New Jersey is recognized Mr chman who has the right to close the gentleman from New Jersey has the right to close
  55. I reserve the gentleman reserves the gentleman from Kentucky is recognized thank you uh Mr chairman at this time I'd like to yield 30 seconds
  56. to my colleague from Texas judge Poe the gentleman is recognized our government spies on
  57. Americans 702 was designed to go after the bad guys overseas but it is being used to collect con uh Communications of
  58. Americans in America without a search warrant under the Fourth Amendment the amendment that the gentleman from Kentucky has introduced does something
  59. very basic it says the Fourth Amendment will apply to the 702a if you got a search warrant go see a judge like I used to be and you have probable calls
  60. then let a judge sign it and if you don't have probable calls then you don't get a warrant that's all it does it says the Constitution must apply to Americans
  61. and fear tactics I'm sorry on the other side don't change the facts get a warrant if you have probable calls that's all the gentleman's from kuy's
  62. Amendment does and I yield back to him gentleman yields to the judge's point I would say that uh this this doesn't take
  63. any tools away from those that want to investigate what happened in Orlando none whatsoever that's a mischaracterization complete mischaracterization of this amendment
  64. you obviously can get a warrant on the perpetrator of this crime so it would be wrong to characterize it in the way that it's been characterized and I it's
  65. unfortunate that my colleagues would take advantage of that situation to try and motivate people to vote no against this bill or this amendment I urge my
  66. colleagues to vote Yes against this amendment it doesn't take away any of the tools read the amendment you'll find out just get the warrant do the search
  67. thank you and I yield back the gentleman from Kentucky yields the gentleman from New Jersey is recognize Mr chairman before I yield my time how much time do we have two minutes U Mr chairman I'd
  68. like to yield my time to the chairman of the house Judiciary Committee Mr goodlet the gentleman of my time gent is recognized thank you Mr chairman and I
  69. thank the chairman of the subcommittee the tragic mass shooting in Florida Sunday morning is but the latest in a string of Terror attacks here in America
  70. and sadly these plots have not been carried out by Foreign terrorists but by Americans against Americans on American soil we are all searching for the same
  71. answer what motivated Omar Ma to kill investigators are still combing through evidence to determine whether matine was in contact with known or
  72. suspected terrorists this amendment prohibits the government from searching data already in its possession collected
  73. lawfully under Section 702 of fisa to determine whether Omar matin was in contact with foreign terrorists overseas
  74. despite the characterization by proponents of the amendment that a search could occur if the government has obtained a fisa or criminal probable
  75. cause-based order the exception does not in fact authorize such a query section 702 and the other provisions of the fisa
  76. Amendments act are not set to expire until December 31 of next year the house Judiciary Committee shares the concerns
  77. of all here that we protect all Americans rights under the Fourth Amendment the United States Constitution the committee has engaged
  78. and will continue to to be engaged in robust oversight of the programs author operated under the ACT a floor amendment
  79. to a spending Bill debated for 10 minutes is not the appropriate venue for Congress to alter our intelligence
  80. gathering capabilities this complicated issue must be closely examined and appropriately vetted by the Committees of jurisdiction Sunday's deadly attack
  81. proves once again that the terror threat has not dissipated the FBI has roughly a thousand active Isis probes in the United States and these are probes into
  82. those we know about now is not the time to block the use of a critical investigative tool and I urge my colleagues to oppose this amendment and
  83. uh I thank the gentleman for yeld the gentleman yields the question is on the amendment offered by the gentlemen from
  84. Kentucky those in favor say I I those opposed say no no in the opinion of the chair the NOS have it Mr chairman I
  85. request a recorded vote pursuant to Clause six of rule 18 further proceedings on the amendment offered by the gentleman from Kentucky will be
  86. postponed