Noah Chauvin @NoahChauvin Twitter profile

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Noah Chauvin

@NoahChauvin

4 months

🚨Happening now: The House Rules committee considers the Reforming Intelligence and Securing America Act, a bill to reauthorize FISA Section 702. I'll share thoughts on the hearing below, and you can watch it here:

Rules Committee Hearing H.R. 529, H.R. 7888 , H. Res. 1112, H. Res....

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www.youtube.com

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Noah Chauvin

@NoahChauvin

4 months

The intelligence community hasn’t earned the benefit of the doubt when it comes to Section 702. So for @jahimes to wave away concerns by saying “it’s classified” isn’t a compelling or satisfactory answer.

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Noah Chauvin

@NoahChauvin

6 months

🚨The House votes THIS WEEK on a bill to reauthorize FISA Section 702. As we say in this @BrennanCenter resource, the Reforming Intelligence and Securing America Act is "reform" in name only and won't prevent spying abuses unless significantly amended.

"Reforming Intelligence and Securing America Act" is Designed to Do Nothing

A one-page document compiled by the Brennan Center illustrating how the Reforming Intelligence and Securing America Act, unless significantly amended, will do nothing to prevent continuing abuses of...

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@Jim_Jordan starts by highlighting that in a one-year period the FBI violated the rules governing searches of FISA databases 278,000 times, and notes that RISAA, on its own, would do nothing to prevent the worst abuses.

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Noah Chauvin

@NoahChauvin

6 months

Warrantless government access to Americans’ private communications flies in the face of the Fourth Amendment, invites the very abuses that we have seen, contravenes our nation’s values—and does not keep us safe. 17/18

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Noah Chauvin

@NoahChauvin

6 months

Second, the bill should be amended to close the data broker loophole that government agencies use to buy their way around the Fourth Amendment. The government shouldn't be able to buy Americans' location information or browsing history without a warrant.

Congress Must Close Data Broker Loophole by Prohibiting Government Purchases of Americans' Sensit...

A two-pager compiled by the Brennan Center illustrating why Congress must close the data broker loophole by prohibiting government purchases of Americans' sensitive data.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

This is a fair question from @SeanVitka to @jahimes (screencapping to include context). Rep. Himes has access to classified information, but others with similar access (like @MJZwills ) have concerns about expanding FISA’s definition of Electronic Communication Service Provider.

Sean Vitka

@SeanVitka

4 months

@jahimes Appreciate the response! Honest (and serious) question, have you read the FISA Court amicus take on this?:

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Noah Chauvin

@NoahChauvin

6 months

We can protect Americans' privacy *and* national security. Congress should see claims to the contrary for what they are: specious attempts to scare lawmakers into rejecting commonsense measures to protect our privacy. 18/18

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Noah Chauvin

@NoahChauvin

4 months

@RepJerryNadler Rep. Nadler highlights that a warrant requirement would safeguard Americans' civil liberties, without compromising intelligence agencies' ability to protect national security. He's right:

Surveillance Reforms Do Not Endanger Americans

Despite government claims, adding privacy safeguards to Section 702 of the Foreign Intelligence Surveillance Act will not make Americans less safe.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@jahimes Rep. Himes now claiming that the FBI's internal reforms have improved things. Doesn't mention that the FBI still performs thousands of baseless searches for Americans every year, including for a U.S. Senator, a state senator, and a state court judge *after* the rules were enacted

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Noah Chauvin

@NoahChauvin

6 months

What amendments are needed? First, any bill reauthorizing 702 must close the backdoor search loophole that's abused to spy on protesters, politicians, and more. Agencies must get a warrant before searching for Americans' private communications. More here:

Congress Must Close Backdoor Search Loophole by Requiring Warrant/FISA Title I Order for U.S....

A two-pager compiled by the Brennan Center that illustrates why Congress must close the Section 702 backdoor search loophole by requiring a warrant/FISA Title I order for U.S. person queries.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

(By the way, the government says it should be allowed to govern itself--but as far as the public is aware, nobody has ever been fired for these abuses.)

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Noah Chauvin

@NoahChauvin

4 months

Unbelievable how blatant a lie this is from Rep. Turner. @jahimes looks visibly uncomfortable. He should--Rep. Turner is being incredibly dishonest.

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie now drilling down on the intentional abuses of the Section 702 database. Reminder, those included people searching for family members, colleagues, potential tenants, and people they met on online dating sites.

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Noah Chauvin

@NoahChauvin

4 months

He and I likely disagree on whether this expansion of FISA is justified. But that he’s not confident enough in his position to entertain reasonable questions (however bombastically phrased) is troubling.

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner either doesn't know what's in his own bill, or he's lying about it. Claims the bill doesn't have special protections for members of Congress. There's no question about it: it does.

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Noah Chauvin

@NoahChauvin

4 months

@BridgetPhetasy There’s still time to stop it—the Senate will have more votes on it over the next couple of days. That’s why it’s so important for people to tell their Senators to oppose the bill in its current form!

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Noah Chauvin

@NoahChauvin

4 months

@Jim_Jordan @Jim_Jordan closes by calling for a warrant before the government searches for Americans' private communications. Says base bill reforms won't prevent abuses. Too right!

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Noah Chauvin

@NoahChauvin

8 months

That's also why Congress should not enact any "short-term" reauthorization of Section 702 that doesn't limit the government's ability to get new certifications. Without such a limitation, the government will go to the FISA Court and get *another* year-long approval. 5/8

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Noah Chauvin

@NoahChauvin

1 month

Day one as a law professor in the books! ✅

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Noah Chauvin

@NoahChauvin

6 months

It’s fine that HPSCI members are opposed to fixing the backdoor search and data broker loopholes. They’re wrong and out of step with 75% of Americans, but that’s their right. What’s unconscionable is that they would try and tank efforts to let the House *vote* on these issues.

Jordain Carney

@jordainc

6 months

Intel and Judiciary members are theoretically supposed to get amendment votes if a bill comes to the floor. Judiciary guys want a vote on warrant requirement, data brokers, etc—two provisions Intel members and admin are deeply opposed to.

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Noah Chauvin

@NoahChauvin

4 months

@chiproytx highlighting that this bill was designed to prevent a vote on @WarrenDavidson 's amendment to prohibit intelligence and law enforcement agencies from purchasing Americans' sensitive information from commercial data brokers.

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner claims there's no warrantless searches of Americans' data under FISA. That's a blatant mischaracterization. Americans can't be *targets* of warrantless surveillance. But our communications are "inevitably" captured by this surveillance.

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Noah Chauvin

@NoahChauvin

4 months

My @BrennanCenter colleague @LizaGoitein and I have a recent piece in @JustSecurity explaining why RISAA is not a reform bill, and the changes that are needed to protect Americans' privacy and civil liberties. You can read that piece here:

The Year(s) of Section 702 Reform, Part VI: (Another) Looming Deadline

Congress has an opportunity to enact compromise surveillance reforms to protect Americans’ privacy while safeguarding national security.

www.justsecurity.org

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Noah Chauvin

@NoahChauvin

4 months

Good colloquy between @RepMGS and @RepJerryNadler , pointing out that due process and Fourth Amendment protections are necessary precisely *because* they make it harder for the government to violate people's civil rights.

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner claims that Congress is coming down to the wire for reauthorizing Section 702 because of the need to carefully rein in the intel agencies. Pretty shocking claim, given he personally killed a deal that would have led to a vote in February:

Leak of Russian ‘Threat’ Part of a Bid to Kill US Surveillance Reform, Sources Say

A surprise disclosure of a national security threat by the House Intelligence chair was part of an effort to block legislation that aimed to limit cops and spies from buying Americans' private data.

www.wired.com

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Noah Chauvin

@NoahChauvin

1 year

Congress is considering reauthorizing FISA Section 702. In this piece for @thehill , I explain why it should not do so without closing the legal loopholes that allow warrantless searches of Americans' communications. 1/8

Congress should not reauthorize warrantless surveillance of Americans

Congress should not reauthorize Section 702 without enacting significant reforms.

thehill.com

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Noah Chauvin

@NoahChauvin

4 months

It would be helpful if @jahimes and others who support expanding FISA could give some explanation of why an expansion is necessary beyond “it’s classified.” There are good reasons to be troubled by this expansion, as FISA amicus @MJZwills has explained.

FISA 702 Reauthorization Amendments: The Second Time is Not the Charm

In December 2023, the House Permanent Select Committee on Intelligence (HPCSI) unsuccessfully tried to expand the government’s authority under FISA 702 by permitting it to compel a broader swath of...

www.zwillgen.com

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Noah Chauvin

@NoahChauvin

4 months

The @BrennanCenter also has a one-pager on RISAA, which you can find here:

"Reforming Intelligence and Securing America Act" is Designed to Do Nothing

A one-page document compiled by the Brennan Center illustrating how the Reforming Intelligence and Securing America Act, unless significantly amended, will do nothing to prevent continuing abuses of...

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@Jim_Jordan He notes that he and @RepJerryNadler were before the committee two months ago. What he doesn't mention: @RepMikeTurner and @jahimes weren't there, because they backed out of a deal to bring a similar bill to the floor:

The House Intelligence Committee Blocks Crucial Surveillance Reforms

The powerful committee is making bad-faith moves to block efforts to protect Americans from government spying.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

(By the way, his bill doesn't contain "real reforms," no matter what he says.)

RISAA: 56 "Reforms" that Preserve the Status Quo

A one-page document compiled by the Brennan Center for Justice, the Electronic Privacy Information Center (EPIC), and FreedomWorks illustrating how the 56 "reforms" proposed in the Reforming Intell...

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

9 months

🚨20+ organizations, including @ACLU , @BrennanCenter , and @savingprivacy have sent @SenSchumer a letter urging him to keep FISA Section 702 out of the continuing resolution. RT if you agree the Senate shouldn't sneak warrantless surveillance into the CR!

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Noah Chauvin

@NoahChauvin

4 months

@BrennanCenter And we have another one-pager with our partners @EPICprivacy and @FreedomWorks assessing the inadequacy of RISAA's "reforms," which would codify the unacceptable status quo:

RISAA: 56 "Reforms" that Preserve the Status Quo

A one-page document compiled by the Brennan Center for Justice, the Electronic Privacy Information Center (EPIC), and FreedomWorks illustrating how the 56 "reforms" proposed in the Reforming Intell...

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@RepJerryNadler says he cannot support the reauthorization of Section 702 without serious reforms. Plugs the House Judiciary Committee bill, notes that it passed the fractious committee 35-2.

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Noah Chauvin

@NoahChauvin

4 months

@jahimes Also touts the prohibition on "evidence-of-a-crime-only" searches. In 2022, the FBI performed 204,090 backdoor searches for Americans' private communications. This change would have stopped them from accessing those comms in only *two* instances.

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner emphasizing that he doesn't want the government to have to get a warrant to search "Hamas's data." Of course, he thinks that peaceful protesters in the U.S. are Hamas, so we probably shouldn't trust him on this:

US Lawmaker Cited NYC Protests in a Defense of Warrantless Spying

A closed-door presentation for House lawmakers late last year portrayed American anti-war protesters as having possible ties to Hamas in an effort to kill privacy reforms to a major US spy program.

www.wired.com

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Noah Chauvin

@NoahChauvin

4 months

@Jim_Jordan swats this down pretty quickly. Rightly notes that the question is not about the collection of information under 702, but about searching Section 702 databases for Americans' private communications.

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Noah Chauvin

@NoahChauvin

4 months

@jahimes now says that Section 702 is a critical national security tool. But that's a non-sequitur--the real question is whether reforms to protect Americans' privacy would compromise that value. They wouldn't:

Surveillance Reforms Do Not Endanger Americans

Despite government claims, adding privacy safeguards to Section 702 of the Foreign Intelligence Surveillance Act will not make Americans less safe.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner says Section 702 is about foreign intelligence surveillance of non-Americans abroad. Which is true--but obviously incomplete. (If surveilling Americans wasn't an important part of the program, he wouldn't oppose a warrant requirement so vociferously.)

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Noah Chauvin

@NoahChauvin

4 months

The Senate will vote this week on a bill that would dramatically expand warrantless surveillance. Call 202-899-8938 to be connected to your Senators, and tell them to vote "No" on the biggest expansion of domestic surveillance since the Patriot Act!

TikTok · Brennan Center for Justice

88 likes, 8 comments. “Congress is poised to enact the biggest expansion of government surveillance power since the Patriot Act. Tell your senators to reject this dangerous provision. Add your voice...

www.tiktok.com

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Noah Chauvin

@NoahChauvin

4 months

Rep. Himes now touting "defensive" queries. Some of the most egregious abuses of backdoor searches--for BLM protesters, members of Congress, and 19,000 congressional donors--were ostensibly "defensive."

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Noah Chauvin

@NoahChauvin

4 months

After years of repeated revelations of abuse of Section 702, it’s fair for the American people to ask why the surveillance is being expanded—particularly when @jahimes and others in Congress just voted down a warrant requirement for searches of Americans in Section 702 data.

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Noah Chauvin

@NoahChauvin

3 months

Some professional news: This summer, I will be joining @WidenerLawCW as an assistant professor of law. I will miss my brilliant colleagues at the @BrennanCenter , but I am thrilled to be starting my dream job as a law teacher and scholar!

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie is up now with questions. Expect these to be strongly in favor of surveillance reforms.

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Noah Chauvin

@NoahChauvin

4 months

@RepJerryNadler very patiently explaining what the warrant requirement he and @Jim_Jordan support would do. Rules committee members have to break in to stop @RepMikeTurner from cutting him off.

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Noah Chauvin

@NoahChauvin

4 months

This point also ignores recent developments in Fourth Amendment caselaw, which absolutely do restrict the ability of the government to search through information it's lawfully seized without getting a warrant justifying the search. CC: @OrinKerr

Opinion | The Fourth Amendment and querying the 702 database for evidence of crimes

There may be a lot more of Fourth Amendment concern than the government acknowledges.

www.washingtonpost.com

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie Now asking Rep. Turner about who Section 702 surveillance targets. Drilling down on Turner's mischaracterization that surveillance targets only terrorists. (Many of them are people who are associated with foreign governments--and who Americans contact for innocent reasons.)

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie now asking @RepMikeTurner about what standard would be needed to search for someone appearing at a protest about the treatment of Palestinians. Asks why not require a warrant for those searches.

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner making a false comparison between Section 702 and the "incidental overhear" doctrine. But Section 702 has no individualized judicial review at any point--which is why a post hoc warrant requirement is so important!

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Noah Chauvin

@NoahChauvin

4 months

@jahimes claiming that there are meaningful restrictions on the targets of 702 surveillance. The truth is that under FISA's definitions, virtually any non-American could be a lawful target for surveillance. The more targets, the more likely Americans' communications are captured.

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Noah Chauvin

@NoahChauvin

4 months

It's a good question, especially given Turner's claim that 702 is needed to allow warrantless searches for... pro-Palestinian protesters. (At the hearing, he's no back-pedaling, saying that merely appearing at a protest shouldn't subject you to a search.)

US Lawmaker Cited NYC Protests in a Defense of Warrantless Spying

A closed-door presentation for House lawmakers late last year portrayed American anti-war protesters as having possible ties to Hamas in an effort to kill privacy reforms to a major US spy program.

www.wired.com

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie His questions right now are focusing on the Crossfire Hurricane debacle.

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Noah Chauvin

@NoahChauvin

8 months

FISA Section 702 has a "sunset" provision. If Congress does nothing, the law expires on December 31. What happens if Congress lets the law lapse? You probably think the spying would stop. Nope: Surveillance under Section 702 will continue until April 2024. Here's why. ⬇️ 1/8

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Noah Chauvin

@NoahChauvin

4 months

In 15 years, will this expansion be justified? Will the abuses of Americans’ rights—there are *always* abuses—be minimal and offset by real national security value? Maybe. But that hasn’t been the pattern with backdoor searches of Section 702 data.

Privacy and Civil Liberties Oversight Board Embraces Surveillance Reforms

The civil liberties watchdog advised Congress to reform FISA Section 702 by requiring judicial approval before intelligence agencies may review Americans’ communications.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

Telling: @RepMikeTurner just referred to policies "we're" putting in place in reference to internal changes at the FBI. That he sees himself as part of what the FBI, rather than as a member of a co-equal branch with oversight responsibility, tells you all you need to know.

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Noah Chauvin

@NoahChauvin

4 months

Members get notified when they are searched by the FBI, and in certain circumstances, the FBI has to ask their permission before running a search. You and I? We'll never know--let alone be asked permission.

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Noah Chauvin

@NoahChauvin

1 year

The government is lobbying hard to retain FISA Section 702, which it uses to gain warrantless access to Americans’ communications. At the same time, it’s stalling on a statutory obligation declassify crucial information about how this program has been operating. 1/14

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Noah Chauvin

@NoahChauvin

4 months

The House votes this week on whether the government needs a warrant before searching for Americans’ private communications obtained under FISA Section 702. As I explain in @thedispatch , a warrant requirement isn’t radical: Congress has done it before.

Why Congress Must Reform FISA Section 702—and How It Can

Instituting a warrant requirement would protect Americans against abusive searches of their private communications.

thedispatch.com

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie now asking @RepMikeTurner how his amendments would expand FISA. @RepMikeTurner , in what is now a familiar pattern, lies, and claims they wouldn't. Rep. Massie not having it.

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Noah Chauvin

@NoahChauvin

6 months

The House votes tomorrow on a bill to reauthorize FISA Section 702. Leading up to that vote, the administration is trying to bamboozle lawmakers by claiming (as in this @politico article) that surveillance reforms would make Americans less safe. 1/18

FBI reveals controversial spy tool foiled terror plot as Congress debates overhaul

The bureau says it thwarted an imminent terrorist attack against the U.S. using a controversial surveillance authority that the House could vote to revamp as soon as this week.

www.politico.com

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie now drilling down on the special protections RISAA creates for members of Congress--protections not available to regular Americans.

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Noah Chauvin

@NoahChauvin

10 months

The Privacy and Civil Liberties Oversight Board recently released its long-awaited report on FISA Section 702. The report reveals new surveillance abuses and makes a compelling case for reforms, as I explain in this @BrennanCenter blog post. 1/9

Privacy and Civil Liberties Oversight Board Embraces Surveillance Reforms

The civil liberties watchdog advised Congress to reform FISA Section 702 by requiring judicial approval before intelligence agencies may review Americans’ communications.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie asking the witnesses whether Americans have a Fourth Amendment right against warrantless backdoor searches. @RepMikeTurner says, essentially, no, protections are only statutory.

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Noah Chauvin

@NoahChauvin

11 months

Today in @thehill , I explain why reforms to FISA Section 702 to protect Americans' privacy rights won't prevent the law from being used to combat international fentanyl trafficking in the ways the Biden administration has described. 1/10

We can fight fentanyl trafficking without violating Americans’ privacy

There is a third alternative: reauthorizing Section 702 with reforms that protect Americans’ privacy rights without compromising the program’s value as a foreign intelligence tool.

thehill.com

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie @RepMikeTurner @RepMikeTurner claiming that the FISA Court would need 2,000 new judges to assess backdoor search warrants. That's a massive over-estimate, especially given the exceptions for emergencies, permission, and cybersecurity searches in the warrant requirement.

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Noah Chauvin

@NoahChauvin

4 months

@RepThomasMassie @RepMikeTurner @RepMikeTurner tells @RepThomasMassie that there's no expansion of 702 to bring in WiFi providers. *Sigh* That's another lie:

FISA 702 Reauthorization Amendments: The Second Time is Not the Charm

In December 2023, the House Permanent Select Committee on Intelligence (HPCSI) unsuccessfully tried to expand the government’s authority under FISA 702 by permitting it to compel a broader swath of...

www.zwillgen.com

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Noah Chauvin

@NoahChauvin

8 months

It can be tough to keep up with efforts to reform FISA Section 702 and other easily abused surveillance authorities. To help, the @BrennanCenter recently put together a landing page that collects relevant materials we've issued this year:

Section 702 of the Foreign Intelligence Surveillance Act (FISA): A Resource Page

The following Brennan Center and coalition resources provide detailed information on Section 702, how it has been used to gain warrantless access to Americans’ communications, proposals for reforming...

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

1 year

Federal intelligence and law enforcement agencies increasingly evade Fourth Amendment warrant requirements by purchasing Americans' private information from data brokers. New legislation from @WarrenDavidson and @RepSaraJacobs would end that abuse. 1/3

New Legislation Would Close a Fourth Amendment Loophole

Intelligence and law enforcement agencies have disregarded the Fourth Amendment by purchasing intimate details about Americans’ lives.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

Alright, that's it for questioning of witnesses. Will report back on how the committee ends up voting.

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Noah Chauvin

@NoahChauvin

8 months

Today in @just_security , @LizaGoitein and I discuss the recent report issued by the HPSCI FISA Section 702 Working Group majority, which recommends "reforms" that would fail to prevent the worst abuses -- and would *expand* surveillance. 1/20

The Year of Section 702 Reform, Part V: The HPSCI Majority FISA Working Group Report

The House Permanent Select Committee on Intelligence's new report fails to address the most serious abuses of FISA Section 702.

www.justsecurity.org

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Noah Chauvin

@NoahChauvin

5 months

🚨The @BrennanCenter and 30+ other civil society organizations urge @SenSchumer , @LeaderMcConnell , @SpeakerJohnson , and @RepJeffries to keep FISA Section 702 out of any "must-pass" bills, including the CR. More here:

Coalition Letter Urging Congressional Leaders to Keep Section 702 Reauthorization Out of Continuing...

The Brennan Center joins more than 90 civil society organizations in opposing the inclusion of any Section 702 reauthorization in a must-pass funding bill.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@RepMikeTurner and @jahimes now pooh-poohing concerns that RISAA could reauthorize Section 702 permanently. As @LizaGoitein has explained, those are serious concerns. If this is enacted, you can bet intel officials will say there's no sunset.

Elizabeth Goitein

@LizaGoitein

4 months

Buried in the Section 702 reauthorization bill that the House will consider this week (RISAA) is a provision that could result in the *permanent* reauthorization of this deeply-flawed authority—without a single reform. 1/11

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Noah Chauvin

@NoahChauvin

5 months

🚨 @Wired reports that @RepMikeTurner told congressional staff that FISA Section 702 is needed to spy on protesters at closed-door briefings opposing surveillance reforms. His slides showed people peacefully protesting US aid to Israel. 1/11

US Lawmaker Cited NYC Protests in a Defense of Warrantless Spying

A closed-door presentation for House lawmakers late last year portrayed American anti-war protesters as having possible ties to Hamas in an effort to kill privacy reforms to a major US spy program.

www.wired.com

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Noah Chauvin

@NoahChauvin

6 months

Check out this excellent briefing on what to expect regarding FISA Section 702 reform in the coming months, from surveillance experts @LizaGoitein ( @BrennanCenter ), Chris Baumohl ( @EPICprivacy ), and @rebelcinder ( @Restore_the4th ). #FixFISA

Briefing on FISA Section 702: What to Expect in the Coming Months

In this briefing for congressional staff, surveillance experts Liza Goitein, Chris Baumohl, and Alex Marthews discuss how FISA Section 702 violates Americans...

www.youtube.com

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Noah Chauvin

@NoahChauvin

4 months

@Jim_Jordan : "The expansion is just that: an expansion." Says when you expand who you're surveilling outside the United States, you expand the Americans whose communications will be captured. Precisely.

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Noah Chauvin

@NoahChauvin

4 months

@RepTeresaLF now highlighting that surveillance reform is not a partisan issue. She's right--Americans overwhelmingly want surveillance reforms, recent polling shows:

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Noah Chauvin

@NoahChauvin

1 year

The Fifth Circuit's recent decision in Doe v. Mckesson flies in the face of established First Amendment law and could chill protest in Mississippi, Louisiana, and Texas, as my @BrennanCenter colleagues Theo Tamayo and @RachelBLevinson explain here:

Federal Appeals Court Undercuts First Amendment Protest Rights

A suit against a racial justice advocate is being used to attack constitutional rights.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

5 months

New @BrennanCenter blog: @SpeakerJohnson shouldn't reward the House Intel Committee's bad behavior by denying members the chance to vote on surveillance reforms. He must schedule a standalone vote on Section 702, not jam it into the coming spending bills!

The House Intelligence Committee Blocks Crucial Surveillance Reforms

The powerful committee is making bad-faith moves to block efforts to protect Americans from government spying.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@RepRalphNorman (Side note: Members keep calling this a "notification" requirement. Don't forget that in certain circumstances, the FBI also has to get members' *permission* to perform searches.)

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Noah Chauvin

@NoahChauvin

4 months

@RepRalphNorman @RepRalphNorman now asking about what penalties there are for people who violate the rules governing backdoor searches. Worth noting that the FBI says that none of the previous abuses have risen to the level that would be punished under these new punishments.

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Noah Chauvin

@NoahChauvin

4 months

There's some talk of using Section 702 to target fentanyl traffickers. To be clear, the government is already doing this. And there's no indication that a warrant requirement for backdoor searches would interfere with those efforts:

We can fight fentanyl trafficking without violating Americans’ privacy

There is a third alternative: reauthorizing Section 702 with reforms that protect Americans’ privacy rights without compromising the program’s value as a foreign intelligence tool.

thehill.com

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Noah Chauvin

@NoahChauvin

6 months

The issue isn't Section 702's value; it's if protections for Americans' privacy would harm national security. In short: No. The government has provided no examples where privacy reforms would endanger Americans. Case in point: this intel wasn't found using backdoor searches.

Shane Harris

@shaneharris

6 months

Important context here: The House is set to vote on the hotly contested Section 702 of surveillance law. We understand that the intel on this apparent threat was gathered under 702. Turner wants this to be a lesson in why 702 is valuable and his colleagues should vote for it.

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Noah Chauvin

@NoahChauvin

4 months

@chiproytx @chiproytx now asking about the HPSCI amendment that dramatically expands what businesses could be compelled to provide surveillance assistance to the government. I trust @MJZwills on this much more than I trust @RepMikeTurner :

FISA 702 Reauthorization Amendments: The Second Time is Not the Charm

In December 2023, the House Permanent Select Committee on Intelligence (HPCSI) unsuccessfully tried to expand the government’s authority under FISA 702 by permitting it to compel a broader swath of...

www.zwillgen.com

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Noah Chauvin

@NoahChauvin

4 months

@chiproytx now highlighting the expansiveness of the HPSCI amendment to expand FISA's definition of foreign intelligence to include illegal narcotics trafficking; notes that it could sweep in the manufacturing of a huge number of precursor chemicals with lawful uses.

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Noah Chauvin

@NoahChauvin

4 months

@chiproytx For example, he says, sudafed is used in the manufacturing of meth. Grilling Rep. Turner on why sudafed manufacturing wouldn't fall within the ambit of this expansion. Rep. Turner doesn't have an answer (because likely would--and that's certainly how the gov't would read it).

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Noah Chauvin

@NoahChauvin

4 months

@RepMGS is now up. Asking clarifying questions to @RepMikeTurner about some of the things he's said during the hearing. I can understand her confusion--not clear how well he knows this bill.

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Noah Chauvin

@NoahChauvin

4 months

@RepRalphNorman now up. Wants to know about the special protections for members of Congress that are in RISAA.

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Noah Chauvin

@NoahChauvin

1 year

This morning, I came across this extraordinary statement from a senior Biden administration official last week saying that negotiations about the reauthorization of FISA Section 702 should be conducted outside of the view of the American public. 1/8

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Noah Chauvin

@NoahChauvin

8 months

In this letter, the administration repeats its claim that commonsense reforms to FISA Section 702 would threaten national security. What I still haven't seen: a reason why a warrant requirement for "backdoor" searches for Americans' communications would make us less safe. 1/10

Mica Soellner

@MicaSoellnerDC

8 months

NEW: Justice Department sends letter to House and Senate lawmakers citing importance of FISA. Letter cites how Section 702 particularly helps combat terror organizations like HAMAS amid conflict in Middle East.

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Noah Chauvin

@NoahChauvin

6 months

For more on FISA Section 702 and surveillance reform, follow my colleague @LizaGoitein and check out the materials on this @BrennanCenter resource page. 👇

Section 702 of the Foreign Intelligence Surveillance Act (FISA): A Resource Page

The following Brennan Center and coalition resources provide detailed information on Section 702, how it has been used to gain warrantless access to Americans’ communications, proposals for reforming...

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

@chiproytx now running through the developments in Congress over the last six months that got us to this point. For more on this, see this:

The House Intelligence Committee Blocks Crucial Surveillance Reforms

The powerful committee is making bad-faith moves to block efforts to protect Americans from government spying.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

9 months

In the @washingtonpost , @DrGupta46 says that FISA Section 702 is critical to combatting the opioid crisis, because the government uses it to disrupt illicit fentanyl trafficking. But that's not an argument against reform--it's an argument for it. 1/13

Opinion | This FISA provision goes beyond terrorism. It’s vital to beating the opioid crisis.

Clear, actionable intelligence is necessary as the drug trade undergoes a radical transformation.

www.washingtonpost.com

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Noah Chauvin

@NoahChauvin

4 months

🚨 @USProgressives come out in favor of an amendment to the FISA Section 702 bill the House will vote on tomorrow that would require the government to get a warrant before searching for Americans' private communications in Section 702 databases.

Congressional Progressive Caucus Announces Formal Position in Support of FISA Amendment to End...

progressives.house.gov

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Noah Chauvin

@NoahChauvin

9 months

Alarmed at reporting that @SenSchumer plans to include a short-term reauthorization of FISA Section 702 in the continuing resolution. Short-term reauthorization is unnecessary and would allow the government keep violating Americans' civil rights. 1/6

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Noah Chauvin

@NoahChauvin

6 months

First, some background (skip ahead four posts if you're already familiar): Section 702 lets the government collect the communications of non-Americans located abroad without a warrant. This collection "inevitably" sweeps in Americans' messages, too. 2/18

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Noah Chauvin

@NoahChauvin

1 year

The government says a warrant requirement for searching for Americans' private communications acquired using FISA Section 702 would make us less safe. But its own statements about how it has used the law don't support that claim. 1/8

Surveillance Reforms Do Not Endanger Americans

Despite government claims, adding privacy safeguards to Section 702 of the Foreign Intelligence Surveillance Act will not make Americans less safe.

www.brennancenter.org

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Noah Chauvin

@NoahChauvin

4 months

This is not true. The CIA identified Mihdhar in January 2001, but they didn't share that information with the State Department or FBI until after 9/11. You don't have to take my word for it--here's what the 9/11 Commission Report has to say👇

Jacqui Heinrich

@JacquiHeinrich

4 months

Relevant from my exclusive with intelligence officials last week: “The greatest example, Abizaid says, is if Section 702 existed prior to 9/11, the deadliest terror attack in human history might have been prevented. The US intelligence community had no ability at the time to

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Noah Chauvin

@NoahChauvin

6 months

The warrant requirement, in other words, would not have stopped the FBI from learning that this US person was in regular contact with terrorists—a fact that would have triggered a slew of other investigatory powers. 10/18

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Noah Chauvin

@NoahChauvin

4 months

The administration says that changing technology necessitates a provision vastly expanding who can be compelled to assist with FISA spying. But the provision in question was included in the predecessor to Section 702. Why does the NSA need a 16-year-old law to solve new problems?

Jacqui Heinrich

@JacquiHeinrich

4 months

All morning, top admin officials have been making calls to Senate explaining misunderstandings of Section 25 of HR 7888 - which addresses changes in internet technology since FISA Section 702 was first passed 15 years ago. WORKING THE PHONES: DNI Haines Director Burns AG

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Noah Chauvin

@NoahChauvin

6 months

Congress planned for this. It told the government to “minimize” the retention and use of Americans’ info. Instead, agencies routinely perform warrantless “backdoor” searches for Americans’ private communications, to the tune of roughly 200,000/year. 3/18

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