Dear Mr. [Name Redacted]:
Thank
you for sharing your concerns regarding the recent revelations of data
sharing between Verizon and the National Security Agency (NSA).
According
to documents released in the press, the Federal Bureau of Investigation
(FBI) sought permission to collect data on cell phone use of Verizon
customers as part of a classified program aimed at preventing acts of
terror in the United States. The Foreign Intelligence Surveillance Court
(FISC), which oversees requests for classified electronic surveillance
for foreign intelligence gathering, approved at least one request that
Verizon provide the FBI and National Security Agency (NSA) with select
call log data for Verizon customers. The FBI claims the data collected
and shared includes routing information such as originating and
receiving phone numbers, individual mobile subscriber numbers, calling
card numbers, and the time and duration of each call. It does not
include content of the call, or the personal location or identification
information of customers.
The
FISC was created in 1978, and is composed of 11 federal judges. Its
authority to grant access to business records was established under the
USA PATRIOT Act and was extended in 2008 and 2012.
Thank you also for sharing your concerns regarding the National Security Agency’s (NSA) data collection program “PRISM.”
The
Director of National Intelligence (DNI) recently confirmed reports that
the NSA has used a classified computer system known as PRISM to collect
foreign intelligence information. The system contains communications of
foreign citizens located abroad that have been collected by internet
service providers and delivered to the NSA for analysis. The DNI also
released a public fact sheet about the program. It is available at: http://1.usa.gov/1bhNPkX.
PRISM’s
information gathering falls under procedures that were passed in the
FISA Amendments Act of 2008 (FAA) and extended by the FISA Amendments
Act Reauthorization Act of 2012. While the internet service providers
subject to information requests have not been confirmed, the DNI stated
that all information was provided after the law enforcement and
intelligence agencies’ requests were approved by the FISC.
I
fully support efforts to protect our nation, but such efforts must not
compromise the very foundation that makes our country great; our civil
liberties and Constitutional rights. Many questions, including the
breadth of the information gathering, the extent of information about
U.S. citizens that was gathered, and the length of time that the
information was kept on file, must be addressed.
It's
critical that we find a balance between security and freedom.
Protecting our national security is critically important, and we still
need to learn more, but any sort of overbroad surveillance is cause for
serious concern. I voted against the Patriot Act in 2001, the FISA
amendments in 2008, and the extension of Patriot Act provisions in 2011.
I will continue to support measures that protect our nation from
terrorism while also reforming the most dangerous parts of this law to
protect our civil liberties and constitutional rights.
I
will continue to closely monitor this situation as additional details
about both incidents come to light. Should any legislation related to
intelligence gathering and our civil liberties come before the Senate, I
will keep your views in mind. Thank you again for getting in touch with
me.
Sincerely,
Sherrod Brown
United States Senator
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