For those charged with gathering the information our government needs to keep us safe, the news has been grim. Following the leaks by Edward Snowden beginning in June last year of highly classified intelligence gathering techniques, the former head of the National Counterterrorism Center, Matthew Olsen, disclosed in September that terrorists tracked by U.S. intelligence services have started encrypting their communications in ways that defeat detection, and that the government has lost track of several.
Meanwhile, Islamic State terrorists continue to rampage across Syria and Iraq, even as the group, also known as ISIS, uses sophisticated Internet communications to swell its ranks with recruits bearing U.S., Canadian or European passports who can easily slip back into their native countries and wreak havoc.
In that threat environment, one would think that the last thing on the “to do” list of the 113th Congress would be to add to the grim news. Yet Senate Majority Leader Harry Reid has announced that he will bring to the floor the extravagantly misnamed USA Freedom Act, a major new bill exquisitely crafted to hobble the gathering of electronic intelligence.
For starters, the bill ends the National Security Agency’s bulk collection of what is called telephone metadata. This includes the date, time, duration and telephone numbers for all calls, but not their content or the identity of the caller or called, and is information already held by telephone companies. The bill would substitute a cumbersome and untried process that would require the NSA, when it seeks to check on which telephone numbers have called or been called by a number reasonably associated with terrorist activity, to obtain a warrant from the Foreign Intelligence Surveillance Court, or FISA court, and then scurry to each of the nation’s telephone-service providers to comb through the information that remains in their hands rather than in the NSA’s.