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I'm actually very sympathetic to arg FBI should have a way to access Tor and VPN traffic (they use subpoenas for the latter for regular old crimes); I suspect getting this authority has been key to success w/Dark Markets. But not doing so in a pretend foreign spying bill.
If Congress debated and passed "The Tor Spying Bill of 2018," it'd pass easily. And if they did so, defendants would get notice of that spying. Not so now. They'll never learn about it.
So effectively, on top of everything else that's wrong with this bill, it codifies the government moving criminal investigations under the jurisdiction of a secret court.
It's important that criminal defendants get notice of the law enforcement techniques used against them, in part, to ensure they're legal. And we don't know how many are sitting in prison bc the government doesn't follow the law on notice to defendants.
A Tor Spying Bill sounds practically unenforceable.
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