What is USA Freedom Act?

‘USA Freedom Act’ or ‘Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-Collection and Online Monitoring Act’ is a bill that was introduced on 29th October 2013 in both the houses of the US Congress. However, the house version was introduced in the month of January, 2014 by Representative Jim Sensenbrenner; whereas, the Senate version was introduced by Patrick Leahy. The bill is referred to US home judiciary on Crime, Terrorism, Homeland Security and Investigation. Many provisions of this bill raised high concerns on Privacy law in USA.

Purpose of the USA Freedom Act:

The USA Freedom Act mainly focused on reducing and ending the bulk collection of Meta Data of Americans and putting an end to secret laws enforced by FISA court. This Act is aimed to introduce a new ‘Special Advocate’ to represent privacy matters of the citizens. The US Freedom Act provisions raised high concerns towards changing and limiting the authorities of ‘Prism’ program that collect American Internet data by allowing companies like Google and Facebook to share their users’ data with Government on demand.

One of the Provisions that state the limitation of Prism Program is:

“To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC”

How the USA Freedom Act help to Reduce NSA Spying?

On May 22nd the US House passed the bill ‘The US Freedom Act’ that seeks to end the bulk collection of users’ Internet and phone data in America by NSA and reduce the surveillance of private data through other programs.

The USA Freedom Act improvises polices that will help reduce NSA spying in these regards:

1. End of Bulk Collections of Private Data:

– According to Section 215 of the USA Freedom Act, Bulk Data collection is unauthorized.

– According to section 215, reverse targeting is prohibited – Targeting a foreigner for spying including an American.

– The bill requires NSA to discard all the data collected accidently by Prism program of any American.

2. Reform Foreign Intelligence Surveillance Court

– The USA Freedom Act has reformed FISC and created a special advocate office (OSA) who will prompt privacy work before FISC will close the proceeding and will have the right to challenge the FISC final decision.

– According to one provision of the bill “Citizen will be granted Privacy and Civil Liberties Oversight Board subpoena authority to investigate issues related to privacy and national security”.

3. Increase Transparency of Process

– According to the provisions, Internet and telecom companies would be allowed to publicly report an estimate of,

ü The number of FISA orders and national security letters received

ü The number of such orders and letters complied with

ü The number of users or accounts on whom information was demanded under the orders and letters

4. National Security Letter

– According to section 215 of this bill:

ü “The USA Freedom Act adopts a single standard for Section 215 and NSL protection to ensure the Administration doesn’t use different authorities to support bulk collection. It also adds a sunset date to NSLs requiring that Congress reauthorize the government’s authority thereby ensuring proper congressional review”.

5. New Process for FBI to submit to FISA

– The bill proposes a new process for FBI to investigate and collect any data by submitting application to FISA. No such data will be collected until its judiciary requirements like Content of Any communication, Name, Address or Financial Data, Cell site information.

Reaction on the Bill

Sen. Leahy told The Washington Post this week:

“These stakeholders are coming together behind my legislation, which will give our intelligence officials clear-cut guidelines, and will let the American people know that their privacy is going to be protected.”

For Citizens of America, a deadly ghost of Surveillance is almost dead, privacy and secrecy will come to resume as the US freedom act has already been passed. NSA is now limited by the boundaries of Jurisdictions to collect private data of internet users.