Senators seek changes to spy program reauthorization bill

The Durbin amendment, according to a summary provided by his office, would require the U.S. government “to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before reviewing the contents” of Americans’ communications.

The proposed change touches on a debate that sharply divided the House last week, when the chamber voted 212-212 to reject an amendment that would have added a different version of a warrant requirement to the program.

The Senate amendment is also being supported by Sens. Mike Lee, R-Utah, and Mazie K. Hirono, D-Hawaii.

On another issue, privacy advocates in recent days expressed alarm over an amendment that was included in the House-passed bill. They say the language would dramatically expand the scope of entities that would be compelled to help authorities under the program.

Under the bill, the law would include, with exceptions, “any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications.”

A Justice Department official, in a letter this week, argued that the provision includes “technical language” that modifies the definition of electronic communication service provider to address “unforeseen changes in electronic communications technology.”

“The technical modification is intended to fill a critical intelligence gap — which was the subject of litigation before the Foreign Intelligence Surveillance Court (FISC) — regarding the types of communications services used by non-U.S. persons outside the United States,” the letter read.

Wyden slammed the provision in a floor speech earlier this week, saying it would dramatically expand the government’s current authority to order entities to hand over communications.

He said supporters argue that the provision has a narrow purpose and that “the government doesn’t intend to start tapping into everybody’s phone line or Wi-Fi.”

“That’s not how this provision is written. It’s not reflected in the actual legislation,” Wyden said. “And I would say respectfully that anybody who votes to give the government vast powers under the premise that intelligence agencies won’t actually use it is being pretty darn naive.”

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(Roll Call's Nina Heller contributed to this report.)

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