Category Archives: Congress

The Democrats marching to war with Iran

James Traub writes: If you squeeze a bully’s b — sorry, fingers — really hard, and he buckles, then you keep squeezing until you bring him to his knees, right? That, in any case, is the logic which lies behind the bipartisan revolt against President Barack Obama’s diplomacy with Iran. In an op-ed in USA Today, Democratic Senator Robert Menendez, the chairman of the Senate Foreign Relations Committee, explained why he had defied the administration’s urgent request that Congress hang fire on further sanctions: “Iran is on the ropes because of its intransigent policies and our collective will…. Tougher sanctions will serve as an incentive for Iran to verifiably dismantle its nuclear weapons program.”

It’s hardly an absurd proposition. Menendez, one of the leading Democratic Iran hawks, also recently told an AIPAC meeting that when he began his drive to impose sanctions — a drive for which the White House might want to claim a little bit of credit as well — he was told that force would never bring the Iranians to the table. I’m not sure who, besides Flynt Leverett, argued against coercion, but it’s an unarguable fact that sanctions on Iran’s oil sales and financial system, imposed by the European Union as well as Congress, have forced the Iranians to take the nuclear negotiations more seriously than they have in the past, and may even have helped elect the moderate president Hassan Rouhani.

So why is the White House insisting that Menendez and his colleagues on the left and right are provoking “a march to war”? The obvious answer, furnished by Secretary of State John Kerry, among others, is that Iran would view additional sanctions imposed in the middle of the most delicate negotiations as a sign of bad faith. More to the point, a punitive response by the West would undermine the moderates on Rouhani’s team, and prove to Iranian hard-liners — including the supreme leader, Ayatollah Khamenei — that the United States and its allies are an intransigent adversary intent on humiliating Iran and ultimately overthrowing its Islamic regime.

Obama’s critics have a riposte to this claim: new sanctions won’t kick in for another three to six months, and thus will function as an effective Sword of Damocles while talks continue. That’s a pretty risky gamble, especially because anything that prolongs the negotiations gives Iran more time to enrich uranium and reach a point of no return at which it could produce enough fuel to fill a bomb.

But that’s not the biggest problem with the squeeze-’em-till-they-drop crowd. The reason why Menendez and others really are marching on a path to war is that they are demanding an outcome which Iran manifestly will not accept: zero enrichment. As Daryl Kimball, director of the Arms Control Association, puts it, “This is a strategy based upon hope that is not supported by the evidence of Iranian actions over the past decade, its past statements, or common sense.” [Continue reading…]

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Feinstein promotes bill to strengthen NSA’s hand on warrantless searches

The Guardian reports: A Senate bill promoted as a surveillance reform would codify the ability of the National Security Agency to search its troves of foreign phone and email communications for Americans’ information, and permit law enforcement agencies to search the vast databases as well.

The Fisa Improvements Act, promoted by Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, would both make permanent a loophole permitting the NSA to search for Americans’ identifying information without a warrant – and, civil libertarians fear, contains an ambiguity that might allow the FBI, the DEA and other law enforcement agencies to do the same thing.

“For the first time, the statute would explicitly allow the government to proactively search through the NSA data troves of information without a warrant,” said Michelle Richardson, the surveillance lobbyist for the ACLU.

“It may also expand current practices by allowing law enforcement to directly access US person information that was nominally collected for foreign intelligence purposes. This fourth amendment back door needs to be closed, not written into stone.” [Continue reading…]

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National Security State: FBI and DHS warn Congress about the domestic threat

The Washington Post reports: FBI Director James B. Comey testified Thursday that the risk of cyberattacks is likely to exceed the danger posed by al-Qaeda and other terrorist networks as the top national security threat to the United States and will become the dominant focus of law enforcement and intelligence services.

Appearing before the Senate Homeland Security Committee, Comey said he expected Internet-related attacks, espionage and theft to emerge as the most consuming security issue for the United States by the end of his 10-year FBI term.

“We have connected all of our lives — personal, professional and national — to the Internet,” Comey said. “That’s where the bad guys will go because that’s where our lives are, our money, our secrets.”

The warning underscored the growing sense of alarm among officials in Washington over the nation’s vulnerability to online attacks as well as the diminished ability of al-Qaeda to mount plots against the United States after more than a decade of CIA drone strikes and other counterterrorism operations.

Rand Beers, the acting homeland security secretary, said his agency is working with European allies to identify and track militants from Western nations who may travel to Syria and then seek to return.

Despite that potential danger, officials said that the main terrorist threat inside the United States is that U.S. citizens or residents could adopt militant ideologies and develop plans for domestic attacks without communicating with terrorist networks or traveling overseas.

Tamerlan and Dzhokhar Tsarnaev, ethnic Chechen brothers accused of carrying out the bombings at the Boston Marathon this year, had “no formal or direct ties to al-Qaeda” but had embraced aspects of the terrorist group’s ideology, Olsen said. He added that cooperation with Russian intelligence services has improved since the Boston attacks.

The officials said counterterrorism efforts had been damaged by leaks of U.S. intelligence operations by former National Security Agency contractor Edward Snowden, and they warned of the impact of the budget cuts known as sequestration. Comey said the FBI is in the process of eliminating 3,500 positions because of budget pressures.

Despite concern about “homegrown extremists,” Comey said that he had concluded after just two months on the job that cyberthreats are likely to be more worrisome in the long term.

“That is why we anticipate that in the future, resources devoted to cyber-based threats will equal or even eclipse the resources devoted to non-cyber-based terrorist threats,” Comey said.

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White House works to delay Iran sanctions that could affect nuclear talks

The Washington Post reports: The Obama administration struggled Wednesday to head off new congressional sanctions that it fears could kill a proposed nuclear deal with Iran before it can be finalized.

During a visit to Capitol Hill, Secretary of State John F. Kerry and Vice President Biden faced strong skepticism, including from leading Democrats, who suggested the White House is being snookered by the Iranian leadership.

Kerry warned that although tough economic sanctions have worked as intended to push Iran to the bargaining table, piling on now could drive the country away.

“The risk is that if Congress were to unilaterally move to raise sanctions, it could break faith in those negotiations, and actually stop them and break them apart,” Kerry said before a closed session of the Senate Banking Committee. “What we’re asking everyone to do is calm down, look hard at what can be achieved and what the realities are.”

Afterward, Senate Republicans scoffed at the administration presentation. [Continue reading…]

Meanwhile, AFP reports: President Barack Obama’s top national security aide said Wednesday that France was “fully on board” with a proposed interim deal on freezing Iran’s nuclear program, ahead of a new round of talks in Geneva.

National Security Advisor Susan Rice made the comment after Obama spoke to French President Francois Hollande by phone and both men urged Iran to accept a deal presented by world powers.

“The French are fully on board,” Rice said at the Washington Ideas Forum sponsored by the Atlantic magazine and the Aspen Institute.

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AIPAC ready to mount an aggressive campaign to sabotage negotiations with Iran

The New York Times reports: Diplomats from the United States and five other countries are pursuing an accord that would cause Iran to freeze its nuclear program in exchange for the loosening of some of the sanctions that have crippled the Iranian economy. Talks broke off this weekend but are scheduled to resume on Nov. 20.

But they are facing bipartisan doubt about their course. “I understand what they’re saying about destroying a chance for a peaceful outcome here with new sanctions, but I really do believe if the new sanctions were crafted in the right way, they would be more helpful than harmful,” said Senator Lindsey Graham, Republican of South Carolina.

Senator Charles E. Schumer of New York, the third-ranking Democrat, was briefed Monday on the negotiations by Mr. Biden and has met with the White House chief of staff, Denis R. McDonough, as well as with cabinet officials. Yet he still proclaimed himself “dubious” of the possible agreement because of concerns that the administration might be willing to give too much away while getting too little in return.

In a letter to the editor in The New York Times last week and an opinion article in USA Today, Senator Robert Menendez of New Jersey, the Democratic chairman of the Foreign Relations Committee, indicated he would press forward against the administration’s wishes on the sanctions legislation.

“Iran is on the ropes because of its intransigent policies and our collective will, and it would be imprudent to want an agreement more than the Iranians do,” he wrote in USA Today on Monday. “Tougher sanctions will serve as an incentive for Iran to verifiably dismantle its nuclear weapons program.”

A powerful lobbying group, the American Israel Public Affairs Committee, issued its own broadside. “Aipac continues to support congressional action to adopt legislation to further strengthen sanctions, and there will absolutely be no pause, delay or moratorium in our efforts,” the group’s president, Michael Kassen, said in a statement this month.

But the group’s officials are taking a wait-and-see stance for now. If the talks collapse on their own, the group can avoid wading into a political donnybrook, but if a diplomatic breakthrough is achieved, Aipac is ready to mount an aggressive campaign to stop it, according to one person familiar with its thinking. [Continue reading…]

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Author of PATRIOT Act goes to EU parliament, admits Congress failed and NSA is out of control

Mike Masnick writes: It’s already strange enough that the author of the PATRIOT Act, Rep. Jim Sensenbrenner, has come out strongly against the NSA’s mass spying, said that James Clapper should be fired and prosecuted, and introduced sweeping new legislation that would significantly curtail the NSA’s activities. If you’ve followed civil liberties issues over the past dozen years or so, Sensenbrenner used to be very much in the camp of folks like Rep. Mike Rogers and Senator Dianne Feinstein — seen as carrying water for the intelligence community (and industry). The change of heart (even if he claims the original PATRIOT Act was never meant to allow this stuff) is quite impressive.

Even so, it’s perhaps even more incredible to see that Sensenbrenner has now gone over to the EU Parliament to admit that the NSA is out of control and needs to be reined in. [Continue reading…]

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Feinstein’s NSA bill shows she doesn’t have a clue about intelligence reform

Michelle Richardson writes: Members of Congress have introduced almost 30 separate bills to rein in NSA spying, increase transparency, or rework the secret court process that has sanctioned these programs. Two pieces of legislation, however, have momentum, and they couldn’t be more different.

The Senate Select Committee on Intelligence – the body charged with oversight of these very programs – advanced legislation introduced by its chair, Senator Dianne Feinstein (Democrat from California), last week that would entrench the current spying programs and give them explicit Congressional authorization to continue.

The legislation would make clear in no uncertain terms that communication records like phone, email, and internet data can be collected without even an ounce of suspicion, pursuant to the so-called privacy rules already in place. Being silent on other types of data like location information or financial records, it passively condones their collection too, but without even the benefit of the paltry protections in place now. For the first time in history, Congress would explicitly and intentionally authorize dragnet domestic spying programs targeting every day Americans.

The Feinstein bill also makes the current situation even worse. It gives the government a 72-hour grace period to warrantlessly spy on foreigners who enter the US, without even the attorney general approval that is currently required in emergency situations. It explicitly states that none of its provisions should be read to prevent law enforcement from digging through massive NSA databases for evidence of criminal activity. By doing so, it authorizes that specific practice in a roundabout way. Finally, it sets up the prospect of all members of Congress accessing important court orders and other information, but then undercuts this requirement by endorsing current rules and practices that have been used to prevent members of the House from reading foundational documents that could inform the votes they must make on whether to continue these programs. [Continue reading…]

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Iran talks: Do we want a deal or a war?

Trita Parsi writes: Talks with Iran over its nuclear program resume Thursday. Make no mistake: The deal the Obama administration is pursuing with Iran over its nuclear program is a good deal. It will leave Iran with neither a nuclear weapon nor an undetectable breakout capability. And by ensuring that the deal also is a win for Iran, Tehran won’t have incentives to cheat and violate the agreement.

Based on conversations with diplomats on both sides of the table, I believe it is a durable deal that enhances America’s security and nonproliferation goals while making Iran much less hostile and U.S. allies in the region much more safe.

And make no mistake about the flip side: The alternative to this deal — the continuation of the sanctions path — will see Iran continue to inch toward a nuclear weapons option while the U.S. and Iran gravitate toward a disastrous military confrontation.

It’s either a deal or another war in the Middle East. Those are the stakes.

It is true that Iran is eager to get a deal. President Hassan Rouhani will likely lose the popular support he enjoys unless he can find a fix to Iran’s economic troubles. The best way of achieving that goal is to reduce Iran’s tensions with the U.S. and get sanctions lifted by showing flexibility on the nuclear issue.

But it is also true that Washington needs a deal. [Continue reading…]

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Potential nuclear deal would allow Iran to keep some nuclear facilities

Barbara Slavin reports: As Iran, the United States and their negotiating partners prepare to meet again in Geneva this week, a potential compromise is taking shape that would allow Iran to keep all or most of its declared nuclear facilities, but under strict monitoring and other restrictions that would make it extremely difficult to build weapons. Even if such a deal was to be concluded, however, it’s not an outcome that would be easily accepted by Israel and its more hawkish allies on Capitol Hill.

Officials familiar with the negotiations suggest that the emerging compromise formula could satisfy the urgent non-proliferation concerns of the U.S. and the other permanent members of the U.N. Security Council plus Germany (the P5+1) group, while also allowing Iran to say that its right to a peaceful nuclear program had been respected.

Declared opponents of such a compromise — including Israel’s Prime Minister Benjamin Netanyahu – insist that Iran be required to dismantle most if not all its nuclear infrastructure, especially the underground uranium enrichment plant at Fordow and a heavy water reactor under construction at Arak which, when completed and brought online, would yield plutonium, another potential bomb fuel. However, even if Iran proves willing to accept new limits on its production of nuclear fuel and more intrusive monitoring of its facilities, it’s unlikely to agree to destroy infrastructure for whose construction it has paid such a heavy economic and diplomatic price. (Even if it did agree to their dismantling, Iran would retain the know-how to rebuild them.) Former and current U.S. officials – and even several Israeli security experts – have told this author that any realistic diplomatic solution would leave Iran with some enrichment capacity. [Continue reading…]

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Amid NSA spying revelations, tech leaders call for new restraints on agency

The Washington Post reports: Mounting revelations about the extent of NSA surveillance have alarmed technology leaders in recent days, driving a renewed push for significant legislative action from an industry that long tried to stay above the fray in Washington.

After months of merely calling for the government to be more transparent about its surveillance requests, tech leaders have begun demanding substantive new restraints on how the National Security Agency collects and uses the vast quantities of information it scoops up around the globe, much of it from the data streams of U.S. companies.

The pivot marks an aggressive new posture for an industry that often has trod carefully in Washington — devoting more attention to blunting potentially damaging actions than to pushing initiatives that might prove controversial and alienate users from its lucrative services.

Six leading technology companies — Facebook, Google, Apple, Yahoo, Microsoft and AOL — sent a letter to Senate leaders Thursday reflecting the sharpening industry strategy, praising the sponsors of a bill that would end the bulk collection of phone records of millions of Americans and create a privacy advocate to represent civil liberties interests within the secretive court that oversees the NSA. [Continue reading…]

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Congressional inaction prompts states to take up issue of privacy law

The New York Times reports: State legislatures around the country, facing growing public concern about the collection and trade of personal data, have rushed to propose a series of privacy laws, from limiting how schools can collect student data to deciding whether the police need a warrant to track cellphone locations.

Over two dozen privacy laws have passed this year in more than 10 states, in places as different as Oklahoma and California. Many lawmakers say that news reports of widespread surveillance by the National Security Agency have led to more support for the bills among constituents. And in some cases, the state lawmakers say, they have felt compelled to act because of the stalemate in Washington on legislation to strengthen privacy laws.

“Congress is obviously not interested in updating those things or protecting privacy,” said Jonathan Stickland, a Republican state representative in Texas. “If they’re not going to do it, states have to do it.”

For Internet companies, the patchwork of rules across the country means keeping a close eye on evolving laws to avoid overstepping. Many companies have an internal team to deal with state legislation. And the flurry of legislation has led some companies, particularly technology companies, to exert their lobbying muscles — with some success — when proposed measures stand to harm their bottom lines.

“It can be counterproductive to have multiple states addressing the same issue, especially with online privacy, which can be national or an international issue,” said Michael D. Hintze, chief privacy counsel at Microsoft, who added that at times it can create “burdensome compliance.” For companies, it helps that state measures are limited in their scope by a federal law that prevents states from interfering with interstate commerce.

This year, Texas passed a bill introduced by Mr. Stickland that requires warrants for email searches, while Oklahoma enacted a law meant to protect the privacy of student data. At least three states proposed measures to regulate who inherits digital data, including Facebook passwords, when a user dies. [Continue reading…]

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The case for NSA reform

Sen. Patrick Leahy and Rep. Jim Sensenbrenner write: In the days and weeks following Sept. 11, 2001, we were the primary authors of the USA PATRIOT Act — legislation that responded to those attacks by enhancing the government’s ability to gather information to prevent terrorism. Some checks and balances that were proposed then were included in the final bill; others were not. The PATRIOT Act has been much debated these past 12 years, and we have not always been on the same side of those debates. But whatever our differences may have been in the past, we strongly agree that the dragnet collection of millions of Americans’ phone records every day — whether they have any connection at all to terrorism — goes far beyond what Congress envisioned or intended to authorize. More important, we agree it must stop.

Over the past five months, we have seen a slow trickle of additional disclosures that have only added to our concerns. Since the revelation that the National Security Agency is collecting the details of Americans’ phone calls on an unprecedented scale, it has come out that the government searches the content of huge troves of emails, collects in bulk the address books from email accounts and social networking sites, at least temporarily collected geolocation data from our cellphones, committed thousands of privacy violations and made substantial misrepresentations to courts and Congress.

Not only do many of these programs raise serious legal questions, they have come at a high cost to Americans’ privacy rights, business interests and standing in the international community. It is time for a new approach.

On Tuesday we will introduce bicameral, bipartisan legislation that will put an end to the National Security Agency’s indiscriminate collection of personal information. Our proposal, the USA FREEDOM Act, provides stronger privacy safeguards with respect to a range of government surveillance programs. [Continue reading…]

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Former NSA supporters join critics in calling for reform

MSNBC reports: Even as President Obama’s administration seeks to stem the growing global outrage over its eavesdropping, a movement to curb government snooping is gaining ground in Congress.

Six members of Congress who voted against the effort to defund the National Security Agency’s communications data collection program late last July will now be among the co-sponsors of surveillance reform legislation meant to rein in the NSA. The proposal would outlaw the NSA’s bulk data collection program, make the secret Foreign Intelligence Surveillance court more transparent, and place new restrictions on the government’s handling of the data it collects.

According to a Republican House aide, Reps. Duncan Hunter of California, Lee Terry of Nebraska, and Darrell Issa of California, who chairs of the House government oversight committee, will be among those co-sponsoring the legislation. On the Democratic side, Rep. Sheila Jackson Lee of Texas, Rep. Hank Johnson of Georgia, and Mike Quigley of Illinois will co-sponsor. All six voted against an amendment in late July sponsored by two Michigan congressmen, Republican Justin Amash and Democrat John Conyers, that would have defunded the NSA’s bulk data collection program. Republicans Todd Rokita of Indiana and Howard Coble of North Carolina, who abstained from the Amash-Conyers vote, will also support the surveillance reform legislation.

The Amash-Conyers amendment was defeated by only 12 votes. [Continue reading…]

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Congressional oversight of the NSA is a joke. I should know, I’m in Congress

Rep. Alan Grayson writes: In the 1970s, Congressman Otis Pike of New York chaired a special congressional committee to investigate abuses by the American so-called “intelligence community” – the spies. After the investigation, Pike commented:

It took this investigation to convince me that I had always been told lies, to make me realize that I was tired of being told lies.

I’m tired of the spies telling lies, too.

Pike’s investigation initiated one of the first congressional oversight debates for the vast and hidden collective of espionage agencies, including the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA). Before the Pike Commission, Congress was kept in the dark about them – a tactic designed to thwart congressional deterrence of the sometimes illegal and often shocking activities carried out by the “intelligence community”. Today, we are seeing a repeat of this professional voyeurism by our nation’s spies, on an unprecedented and pervasive scale.

Recently, the US House of Representatives voted on an amendment – offered by Representatives Justin Amash and John Conyers – that would have curbed the NSA’s omnipresent and inescapable tactics. Despite furious lobbying by the intelligence industrial complex and its allies, and four hours of frantic and overwrought briefings by the NSA’s General Keith Alexander, 205 of 422 Representatives voted for the amendment.

Though the amendment barely failed, the vote signaled a clear message to the NSA: we do not trust you. [Continue reading…]

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Obama colludes with CIA in effort to block release of Senate’s damning report on torture

Jane Mayer reports: Last night, along with the bill reopening the government, the Senate confirmed Stephen W. Preston, the top lawyer at the C.I.A., to move to the Pentagon to serve in the same role there. The vote slipped by unnoticed by most, but on close inspection, it revealed previously unreleased documents that lift the lid on an unusual standoff between Congress and the Obama Administration’s C.I.A. At its core is a bitter disagreement over an apparently devastating, and still secret, report by the Senate Intelligence Committee documenting in detail how the C.I.A.’s brutalization of terror suspects during the Bush years was unnecessary, ineffective, and deceptively sold to Congress, the White House, the Justice Department, and the public. The report threatens to definitively refute former C.I.A. personnel who have defended the program’s integrity. But so far, to the consternation of several members of the Intelligence Committee, the Obama Administration, like Bush’s before it, is keeping the damning details from public view.

Preston’s confirmation became a proxy skirmish in the fight. Obama reportedly hoped to get Preston confirmed before the congressional recess this past summer. Instead, Senator Mark Udall, a Democrat from Colorado, who is a member of both the Senate Select Committee on Intelligence and the Armed Services Committee, put a “hold” on Preston’s confirmation until he answered a set of additional, and previously undisclosed, questions. A copy of these seven questions, and Preston’s answers, obtained by The New Yorker (below), sheds new light on the conflict.

The questions and answers make clear that Udall, who has pushed vigorously for the report’s release, voted to confirm Preston only after he believed that the general counsel distanced himself from his own intelligence agency’s defiant and defensive stance on the six-thousand-three-hundred page report, which cost forty million dollars to produce. Democrats on the Senate Intelligence Committee, including Chairwoman Dianne Feinstein, are pushing to declassify and publicly release it. But John Brennan, the agency’s director, a career C.I.A. officer, and an Obama confidant, is apparently resisting disclosure, and challenging many of the report’s conclusions.

On June 27th, the C.I.A. delivered an impassioned rebuttal of the report to the committee. Last month marked the last of numerous meetings between C.I.A. and Intelligence Committee personnel over the disputed report. They did not go well, according to several informed sources. Meanwhile, despite Obama’s calls for increased transparency, the White House has apparently sat on the sidelines, urging the two intransigent sides to work out their differences. Without White House involvement, the standoff is likely to remain a huge battle. [Continue reading…]

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AIPAC’s lackeys in Congress ready to obstruct Iran talks

Foreign Policy reports: The Obama administration is facing an unexpected hurdle in its new nuclear talks with Iran – a sizeable bloc of Democratic lawmakers who have made clear that they would break with the White House and fight any effort to lift the current sanctions on Tehran.

The future of those sanctions is a key issue in this week’s negotiations in Geneva between senior officials from Iran and the U.S., the most serious talks between the two longtime adversaries in decades. Iranian Foreign Minister Mohamad Javad Zarif kicked off Monday’s session with a PowerPoint presentation, delivered in English, which offered to put new limits on his country’s nuclear program in exchange for easing the Western sanctions that have devastated the Iranian economy and decimated the value of its currency.

The White House has already signaled a potential openness to that kind of deal, but a wide array of powerful Democrats — including the top members of both the Senate and House foreign affairs committees — strongly oppose lifting any of the existing sanctions on Iran unless Tehran offers concessions that go far beyond anything Zarif has talked about in Geneva. The American Israel Public Affairs Committee, one of the most powerful lobbies in Washington, has also promised to do everything in its power to keep the punitive measures in place.

“If the president were to ask for a lifting of existing sanctions it would be extremely difficult in the House and Senate to support that,” Rep. Steve Israel (D-NY), chairman of the Democratic Congressional Campaign Committee, told The Cable. “I’m willing to listen but I think that asking Congress to weaken and diminish current sanctions is not hospitable on Capitol Hill.”

“I’d say no,” said Sen. Bob Casey (D-PA) when asked if he’d accept a presidential plea to lift sanctions. “They’ve got a long way to go to demonstrate the kind of credibility that would lead us to believe we can move in a conciliatory direction. And sanctions are what has strengthened the administration’s hand.”

Opposition from Democratic lawmakers represents more than just a political headache for the administration. Congress has the power to impose, modify or remove sanctions regardless of what the White House wants, and it has shown a willingness to overrule the administration in the past. [Continue reading…]

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Patriot Act author prepares bill to put NSA bulk collection ‘out of business’

The Guardian reports: The conservative Republican who co-authored America’s Patriot Act is preparing to unveil bipartisan legislation that would dramatically curtail the domestic surveillance powers it gives to intelligence agencies.

Congressman Jim Sensenbrenner, who worked with president George W Bush to give more power to US intelligence agencies after the September 11 terrorist attacks, said the intelligence community had misused those powers by collecting telephone records on all Americans, and claimed it was time “to put their metadata program out of business”.

His imminent bill in the House of Representatives is expected to be matched by a similar proposal from Senate judiciary committee chair Patrick Leahy, a Democrat. It pulls together existing congressional efforts to reform the National Security Agency in the wake of disclosures by whistleblower Edward Snowden.

Sensenbrenner has called his bill the Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-Collection, and Online Monitoring Act – or USA Freedom Act, and a draft seen by the Guardian has four broad aims.

It seeks to limit the collection of phone records to known terrorist suspects; to end “secret laws” by making courts disclose surveillance policies; to create a special court advocate to represent privacy interests; and to allow companies to disclose how many requests for users’ information they receive from the USA. The bill also tightens up language governing overseas surveillance to remove a loophole which it has been abused to target internet and email activities of Americans. [Continue reading…]

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Beware of poison pill spying reform

At the ACLU, Robyn Greene writes: In the wake of revelations over the last few months about massive NSA surveillance programs that violate the privacy of millions of innocent Americans, members of the congressional Intelligence Committees have begun to draft legislation that they say will reform these authorities. There’s just one problem – unlike reform bills proposed by other members of Congress, the Intelligence Committees’ bills might do more to entrench domestic surveillance programs than rein them in.

At a Senate Intelligence Committee hearing last month, Sen. Dianne Feinstein (D-Calif.) described her proposals, and one thing is clear: they won’t fix anything. In fact, they may even make government surveillance worse. They include:

These changes would represent significant expansions of the NSA’s domestic surveillance authorities under Section 702 of the FISA Amendments Act, an already overly broad law that authorizes the suspicionless surveillance and collection of millions of Americans’ communications, including the contents of their emails. [Continue reading…]

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