End of Government's Wide-Ranging Surveillance Powers: USA FREEDOM Reauthorization Act Takes Effect
New Program Replaces Bulk Metadata Collection
Effective November 29, 2020, the United States government will discontinue its bulk collection of telephone metadata under Section 215 of the USA PATRIOT Act.
Differences from Previous Program
The USA FREEDOM Reauthorization Act, passed by the House of Representatives without markup or amendment, introduces a new process for government surveillance:
- Queries to Telephone Companies: The government must now obtain specific and individual court orders to query telephone companies for specific metadata.
- No Bulk Collection: Unlike the previous program, the new process prohibits the government from collecting metadata in bulk.
- Independent Review: A Privacy and Civil Liberties Oversight Board will review the government's use of this new surveillance authority.
Background and Legal Challenges
Section 215 of the USA PATRIOT Act, which authorized bulk metadata collection, has been the subject of controversy and legal challenges.
- In 2013, former National Security Agency contractor Edward Snowden leaked documents revealing the existence of the program.
- In 2015, the Second Circuit Court of Appeals ruled Section 215 unconstitutional.
- In 2016, the Supreme Court declined to review the Second Circuit's ruling.
The USA FREEDOM Reauthorization Act addresses the legal concerns raised by the previous program and aims to balance national security needs with individual privacy protections.
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