Washington D.C. — Representative Tulsi Gabbard (D-HI) and Representative Thomas Massie (R-KY) are introducing the Protect Our Civil Liberties Act, which would repeal provisions of the USA PATRIOT Act.
The USA PATRIOT Act, passed after the 9/11 terrorist attacks, created the foundation for massive government spying programs and bulk data collection. The programs have been under heavy scrutiny since 2013, when it was revealed that the programs were being used to spy on American citizens.
This revelation came from a series of leaks by former NSA and CIA contractor turned whistleblower Edward Snowden.
The Fourth Amendment to the United States Constitution protects the right of Americans against warrantless search and seizure. The NSA’s bulk data collection programs were found to be in violation of the Fourth Amendment by the Ninth Circuit Court back in September.
If signed into law, the Protect Our Civil Liberties Act will end warrantless bulk data collection on Americans, protect government whistleblowers like Edward Snowden, and put checks in place to make sure that surveillance programs are not used improperly.
The bill’s prime sponsor, Rep. Gabbard, gave a full rundown of her bill on Twitter with a three and a half minute video.
According to Rep. Gabbard, the bill would:
- Repeal the PATRIOT Act, which created the program that authorized the mass data collection of American phone records.
- Repeal the FISA (Foreign Intelligence Surveillance Act) Amendments Act, which contained provisions which allowed for the mass collection of American emails.
- Prohibit retaliation against whistleblowers, like Edward Snowden, and create penalties for government officials who break this rule.
- Ensure that collection of American data cannot be collected without a warrant or probable cause.
- Prohibit government-mandated electronic backdoors, which allow government agencies to bypass encryption on electronic devices.
- Mandate the Government Accountability Office (GAO) to monitor domestic surveillance programs for compliance.
The Gabbard-Massie bill faces near-impossible odds of passage, as it is not likely to garner support from House Leadership — especially from House Speaker Nancy Pelosi. However, if the bill gets enough public support, enough pressure could be generated to at least force a vote.
The PATRIOT Act has been the subject of multiple reform bills over the last two decades, but none have explicitly ended warrantless spying on Americans. The Protect Our Civil Liberties Act would accomplish that.
At the time of writing this, the only sponsors of the bill are Rep. Gabbard and Rep. Massie.
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