“The USA FREEDOM Act includes a definition of call detail records which excludes cell site location data, a provision that will help safeguard the location privacy of millions of Americans from mass NSA surveillance. However, we remain concerned that the bill allows prospective collection—collection of records that have not yet been created—up to 180 days. The bill does not address the collection authority under Section 702 of the FISA Amendments Act. The bill fails to fix the ‘backdoor loophole,’ in which the NSA interprets the law to allow searches of the data collected under Section 702 for the purpose of finding communications of a United States person.”
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