Why Are Senators Working Overtime in Secret to Kill Sen. Warner’s Promise to Narrow the “Make Everyone a Spy” Law?

We recently asked why Republican House Intelligence Committee Members excluded a provision in the Intelligence Authorization Act that would narrow the scope of a new law that has become known as “Make Everyone a Spy.” Now a few senators are following up behind closed doors to further protect this law from any reform or changes.
 
This provision became law in April as an amendment in the recent reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. The language in this law defining a covered “electronic communications service provider” is shockingly broad, enlisting most every kind of business and “custodian” of equipment capable of storing and carrying data. This means that virtually any business with Wi-Fi or routers could be asked to turn over Americans’ communications to the government, followed by a lifetime gag order never to reveal it to customers. Sen. Ron Wyden, D-OR, as this measure was on the verge of passage in April, said on the Senate floor:
 
“Now, if you have access to any communications, the government can force you to help it spy. That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer. Think about the millions of Americans who work in buildings and offices in which communications are stored or pass through.”
 
Realizing how outlandish this authority is, Sen. Mark Warner, Chairman of the Senate Intelligence Committee, at the time promised his colleagues that if they passed this measure, he would later refine its language to narrow the definition of an electronic communications service provider. Sen. Warner recently offered an amendment to narrow the scope of this law in the Intelligence Authorization Act. Although Warner’s amendment is classified, it is widely believed to limit this new form of warrantless surveillance to data centers.
 
Now two unnamed senators are said to have nixed Sen. Warner’s promise behind closed doors. This would leave in place the most expansive version of the Make Everyone a Spy law.

• The actors behind these secret, legislative maneuvers need to stand in front of their constituents and explain their justification for protecting such a massive expansion of the warrantless surveillance state.

 

• Sen. Mark Warner and Senate leadership should not be allowed to act as passive victims. Sen. Warner made this solemn pledge to his peers as Chairman of the Senate Intelligence. He must keep his word.

 
We ask you to contact your Senators and tell them:
 
Do not allow senators to renege on Sen. Mark Warner’s pledge to narrow the definition of a covered electronic communications service provider in the “Make Everyone a Spy” law. If the promised reform is not included, senators should hold up the Intelligence Authorization Act until it is put back in!

CONTACT YOUR U.S. SENATORS HERE