Department of Defense Appropriations Act, 2017

Floor Speech

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Ms. LOFGREN. Mr. Chairman, warrantless bulk collection of U.S. person communications and information was not ended with the USA FREEDOM Act. Twice in the last 2 years the House voted overwhelmingly to close two loopholes, but House leadership blocked us. The first back door will be shut by prohibiting search of government databases for information pertaining to U.S. citizens without a warrant. You can get the information, but you have to get a warrant.

In October of 2011, in a declassified FISA court decision, we learned that tens of thousands of wholly domestic communications--which are not even allowed to be collected under 702--have been collected. We need to make sure that, when you look for an American in that database, you get a warrant as the Fourth Amendment requires.

The second door to be shut prohibits the government from coercing companies into weakening security protections by creating back doors in products to make surveillance easier.

What is encryption? It is sophisticated computer code that is the most powerful tool we have for preventing outsiders from gaining entry into digital systems. Encryption protects the power grid, the air traffic control system, and your smartphone. Even if a weakness in encryption is promoted and created with good intentions, it is only a matter of time until a hacker finds and exploits it.

Such flaws put data security of every person and business--and really, the security of the United States--at risk. Our government should strengthen the technology that protects our privacy, our businesses, and our country--not take advantage of it.

The Massie-Lofgren amendment will make America safer, and it will defend the Fourth Amendment.

Mr. Chairman, I urge its adoption.

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