Horsford Withdraws Support For Gutted NSA Bill

Statement

Today, Representative Steven Horsford (NV-4) withdrew his support for H.R. 3361, the USA Freedom Act, as the bill was significantly altered from its original form:

"I am withdrawing my support for the USA Freedom Act as the bill on the floor today is not the bill that 152 members originally co-sponsored. It is not even the bill that was watered-down by the House Judiciary Committee. Instead, it is the creature of a non-transparent legislative process.

"In a very technical sense, the bill claims to end the bulk collection practices that violate the Fourth Amendment by preventing the government from ordering a telephone company to turn over all of its records. However, if the bill becomes law, the NSA could still request all records for an area code or a zip code. In sum, the bill codifies the domestic spying apparatus many have criticized.

"This is a cosmetic bill that makes no substantive changes to protect Americans' privacy rights. Instead, it permits the government to continue collecting bulk information on citizens.

"While the altered bill now requires the FISA Court to consider declassifying novel interpretations of law, it allows those opinions to be released in redacted form, which diminishes their value. The bill also authorizes (but does not require) the Court to appoint lawyers to argue in favor of privacy rights.

"That's why civil liberties groups such as the ACLU, Electronic Frontier Foundation, Center for Democracy and Technology, and Open Technology Institute have withdrawn their support. Companies like Facebook, Google, and Apple have also pulled their support.

"Additionally, the original USA Freedom Act sunsetted Section 215 of the Patriot Act in 2015; the altered bill extends the life of that section through 2017.

"No substantive amendments to address any of these issues were given time for consideration or a vote on the floor. The speed at which this bill was scheduled is alarming.

"Congress has failed to seize the moment for true surveillance reform. Liberty and security must be protected in our country. Unfortunately, this bill does not adequately balance those two principles."

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