'The threat of terrorism remains high': Senate uses fear to allow FBI free access to all passwords, internet history and email information

'The FBI has not made a convincing case that it needs any process other than the one that already exists, especially one that freely allows the FBI access to law-abiding Americans' emails and web activity.'

Personal privacy is one of the greatest rights any citizen of the free world enjoys but soon the Federal Bureau of Investigation may have legal access to everything from passwords and personal emails to banking information and search history - all without your knowledge or permission.

LOS ANGELES, CA (Catholic Online) - Two United States Senators have admitted a provision in the 2017 Intelligence Authorization Act would allow the FBI to freely collect "electronic communication transaction records" without needing a warrant or even probable cause.

Though the bill remains unavailable to the public, the members of the Senate intelligence committee claimed a National Security Letter (NSL), a nonjudicial subpoena allowing access to messaging platforms, email, login information, social media usage and browser histories, could be issued for any reason at any time.

Democrat senator Ron Wyden told The Guardian: "While this bill does not clearly define 'electronic communication transaction records,' this term could easily be read to encompass records of whom individuals exchange emails with and when, as well as their login history, IP addresses, and internet browsing history."

Democrat Martin Heinrich spoke up on Thursday to say the provision represents "a massive expansion of government surveillance that lacks independent oversight and potentially gives the FBI access to Americans' email and browser histories with little more than the approval of a manager in the field."

He added: "The FBI has not made a convincing case that it needs any process other than the one that already exists, especially one that freely allows the FBI access to law-abiding Americans' emails and web activity."

Heinrich then admitted he voted for the bill as its other provisions were deemed useful but his office claimed he would attempt to remove the NSL expansion on the Senate floor.

Meanwhile, Senate Intelligence Committee Chairman Richard Burr and Vice Chairman Dianne Feinstein released a joint statement to say the Act would enable the government to better provide security.

"The threat of terrorism remains high, so it's vital that we provide intelligence agencies with all the resources they need to prevent attacks both at home and abroad," Feinstein explained.

Senator Burr stated: "The threats facing our nation continue to grow and this year's legislation provides the Intelligence Community the resourcing and authorities it needs to keep America safe. The bill also strengthens the Committee's ability to conduct vigorous oversight over the intelligence activities of our government to ensure they are conducted effectively, efficiently, and within the rule of law."

Using fear as an incentive, all but Senator Ron Wyden voted to pass the bill.

Wyden released a statement to say the provisions "would allow any FBI field office to demand email records without a court order, a major expansion of federal surveillance powers."

While the wording of the provision - "electronic communication transaction records" - remains ambiguous, it is easy to conclude all online communications are fair game. Wyden's spokesman, Keith Chu, admitted "Senator Wyden is concerned it could be read that way."

According to an email sent to The Intercept, attorney Andrew Crocker, with the Electric Frontier Foundation, wrote: "At this point, it should go without saying that the information the FBI wants to include in the statue is extremely revealing - URLS, for example, may reveal the content of a website that users have visited, their location, and so on."

Robyn Greene, a policy counsel at the Open Technology Institute, agreed with Crocker's views and stated in an interview that "it's particularly sneaky because this bill is debated behind closed doors."

Gabe Rottman, deputy director of the Center for Democracy and Technology's freedom, security and technology project, wrote an email saying: "If [the provision] is added to ECPA, it'll kill the bill. If it passes independently, it'll create a gaping loophole. Either way, it's a big problem and a massive expansion of government surveillance authority.

In the past, the FBI's abuse of NSLs resulted in the targeting of journalists to collect information, issue gag orders and more. The ominous implications of the bill begs the question of what else will the government will do as it continues to abuse its power?

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