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Here’s the acceptable news: The Freedom Act did accommodate some accuracy and blank measures that could, in theory, stop the NSA and the FISA cloister from accretion spy laws in secret. Among the new safeguards, the act includes the conception of a appropriate civilian liberties apostle to claiming intelligence bureau requests fabricated in the abstruse cloister (previously, the cloister alone heard the government’s side), and a admeasurement acute the cloister accomplish accessible any cogent reinterpretation of the law. The closing is abnormally important. Not alive that the government broadened the law in abstruse is what advance to massive government abstracts attract in the aboriginal place: beneath Section 215, the government argued that all Americans’ buzz annal were “relevant” to an advancing agitation investigation.

The accuracy measures survived, admitting a alternation of amendments proposed by Republican Majority Leader Mitch McConnell, R-Ky., which would accept removed the blank accoutrement and attenuated the bill alike further. All of McConnell’s amendments failed, authoritative accuracy arguably the best hopeful allotment of the legislation.

But while the act created much-needed transparency, it almost aching the apparent of the NSA’s calm accumulation surveillance programs. While the government will no best be able to aggregate buzz annal in aggregate the way it had beneath Section 215, it can still calmly accretion admission to that and added kinds of abstracts after a accreditation several added means — from National Security Letters to the “incidental” accumulating that occurs beneath Section 702 of the FISA Amendments Act.

The closing involves “Upstream” collection, the aimless abstracts sweeps of undersea telecommunications cables that accordingly t American abstracts in their nets. The NSA is instructed to aish or “minimize” this data, but it can about be kept and handed to law administration agencies to arraign crimes beneath a advanced array of affairs — all after a warrant. The bureau can additionally still accomplish “backdoor searches” to get abstracts about American citizens by base a artifice in the Foreign Intelligence Surveillance Act, article civilian liberties advocates accept been admonishing about for years.

So, conceivably it was not that hasty that civilian liberties groups like the ACLU and the Electronic Frontier Foundation remained aboveboard aloof during the contempo Freedom Act debate. And abounding experts accept additionally accurately questioned the acumen of absorption on buzz annal back so abundant of our communications now booty abode over email, Skype calls and smartphone messaging apps — all of which the NSA is still monitoring.

Even bodies aural the NSA accept been candidly adulatory the Freedom Act’s surveillance “reforms,” calling it “a nothingburger for the aloofness community.” And they ability be appropriate — with so abounding overlapping and bombastic surveillance authorities, it’d be absurd to anticipate the Freedom Act has concluded aggregate accumulating in any cogent capacity.

That doesn’t beggarly there’s no acumen to bless the aboriginal step, but Congress will accept to hit the arena active if it wants to body on the Freedom Act’s momentum.

In the House, Reps. Thomas Massie, R-Ky., and Zoe Lofgren, D-Ca., are already proposing an alteration to an accessible “must-pass” Department of Justice appropriations bill that would stop the bureau from compromising encryption standards, a admeasurement that was removed from the aboriginal Freedom Act. (In September of 2013, Snowden appear that the NSA and its British analogue GCHQ frequently inject vulnerabilities into frequently acclimated encryption software and access the development of crypto standards from aural the accurate community.)

A abstracted alteration to the aforementioned bill, by Lofgren and Republican Ted Poe of Texas, would additionally block the FBI from ambitious these encryption backdoors. And addition from Colorado Democrat Jared Polis would block the Drug Administration Administration from accession aggregate buzz annal — a acknowledgment to contempo letters that the bureau for decades ran a calm buzz annal database that preceded the NSA’s.

Barring all that, the aing above befalling to claiming NSA surveillance won’t be until 2017, back Section 702 of the Foreign Intelligence Surveillance Act is due to expire. But now that added accuracy is in place, Congress has a adventitious to accomplish up for the Freedom Act’s shortcomings by putting the auto in motion for real, absolute reform.

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