Some problems with the Section 702 bill up for cloture today: 1) It provides criminal suspects more protection against warrantless queries than it gives people against whom FBI has no evidence of wrong-doing.
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2) It provides a way to turn "abouts" collect back on. For 8 years, thru several violations, NSA never managed to do that w/o serious problems.
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It permits NSA to collect off Tor and VPN servers that Americans also use. NSA has to destroy the American data UNLESS it is evidence of 8 enumerated crimes (including things like CFAA) OR if Jeff Sessions says "that's related to NatSec." That Sessions review is unreviewable.
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It asks FBI to pretty please tell Congress things it needs to know BEFORE legislating: such as when defendants get notice and how FBI's queries are overseen. Here's a post on why FBI query oversight is inadequate. https://www.emptywheel.net/2017/11/30/hype-how-fbi-decided-searching-702-content-was-the-least-intrusive-means/ …
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Something to consider: Surveillance boosters like to say that "Congress struck the right balance" in enacting 702 in 2008. That "right balance" included none of these problems.
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End of conversation
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