Limited authority of National Security Agency in surveillance expanded by USA Freedom Act
The USA Freedom Act, signed into law by President Obama in 2015, marks a significant shift in the way the National Security Agency (NSA) collects cellphone and Internet data within the United States. The Act aims to limit bulk data collection by government agencies, improve transparency, and provide greater oversight of surveillance activities.
Key aspects of the new regulatory environment include:
- End of bulk metadata collection: The USA Freedom Act replaced the PATRIOT Act’s Section 215 bulk phone data program with a more targeted system, requiring specific selectors for data requests and ending sweeping, untargeted data grabs.
- Increased transparency and reporting: The Act mandates the Foreign Intelligence Surveillance Court (FISC) to release more information about orders and oversight, and requires periodic public reporting by government agencies to improve accountability.
- Privacy Act and FOIA controls: Broader privacy protections, such as the Privacy Act of 1974 and the Freedom of Information Act (FOIA), regulate government handling of personal data, providing individuals rights to access and amend their own records and judicial recourse against misuse.
However, debates over the balance between national security and privacy continue. Critics still highlight potential constitutional issues related to surveillance under the Fourth Amendment, and concerns about executive overreach in data collection persist.
Meanwhile, the NSA can obtain information about targeted individuals with permission from a federal court. The FISC is required to declassify its most important decisions under the new law. However, the Act does not address the NSA's collection of foreign Internet data from U.S. sources.
The USA Freedom Act's implementation comes amidst ongoing concerns over the protection of Europeans' personal information when moved to the U.S. by companies like Facebook and Google. The Irish High Court in Dublin is hearing a case about US privacy protections and surveillance policies, which is part of a saga in European courts. The Court of Justice of the European Union has already invalidated the EU-US Safe Harbor, putting more pressure on the US to tighten up its privacy laws.
In a related development, Edward Snowden, the former National Security Agency contractor who exposed top-secret American surveillance systems, has been granted Russian citizenship by President Putin.
The EU's Highest Court's decision and the ongoing saga in European courts underscore the need for continued dialogue and cooperation between the US and Europe on privacy and data protection matters. The proposed American Data Privacy and Protection Act (ADPPA) seeks to further regulate and curb abusive commercial data surveillance practices, although this is distinct from government data collection laws and remains pending.
In summary, the USA Freedom Act has brought about changes in US privacy regulations for cellphone and Internet data collection, shifting towards more targeted government surveillance with enhanced judicial oversight, while broader privacy laws provide individuals rights regarding government-held data. However, the debate over the balance between national security and privacy continues, both domestically and internationally.
- The implementation of the USA Freedom Act has instigated discussions about American policy-and-legislation concerning cellphone and Internet data collection, specifically addressing the balance between national security and privacy.
- The ongoing debates over privacy and data protection matters, particularly involving the USA Freedom Act, have necessitated continual dialogue and cooperation between the US and Europe, with the proposed American Data Privacy and Protection Act (ADPPA) being a significant step towards further regulation.
