Critics also point out that the very first iteration of the bill was stronger, providing something more closely resembling adversarial litigation in the FISA court and greater protection for individuals whose information is surveiled despite not being the subject of an investigation. The Senate needs to make significant improvements to USA Freedom before we can be sure it’s a step forward.Īs many commentators have noted, while the current iteration of the USA Freedom Bill would end the US government’s collection of this domestic phone metadata, it would still allow the government access to the data retained by telecoms companies. It’s unclear whether the version that is going to pass the House is a net gain or loss – especially considering sunset is only one legislative week away. In a post last week, The Sunlight Foundation assessed the pros and cons of the bill, concluding: That bulk collection under Section 215 of the Patriot Act has already been declared illegal – the provision itself is due to expire on 1 June – provides yet more ammunition to critics who feel that the USA Freedom Act does not go far enough. This is, of course, the same programme that was last week found to be unlawful by a US appeals court. If passed it would end the bulk collection of domestic phone metadata that was the subject of the very first Snowden revelation.
The bill has had a long and complicated legislative history that we have traced over the past two years and it still needs to be approved by the Senate. On 13 May, the US House of Representatives passed the latest version of the USA Freedom Act – the most prominent piece of legislation to have been introduced in the US in the wake of the Snowden revelations.
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