[Congressional Record Volume 160, Number 82 (Thursday, May 29, 2014)]
[Extensions of Remarks]
[Page E873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            USA FREEDOM ACT

                                 ______
                                 

                               speech of

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                         Thursday, May 22, 2014

  Mr. CONYERS. Mr. Speaker, H.R. 3361, the USA FREEDOM Act, is intended 
to provide strong, concrete limits that prevent mass and untargeted 
collection of records and information using domestic intelligence 
authorities, Section 215 of the PATRIOT Act, the intelligence pen/trap 
statute, and national security letters. The USA FREEDOM Act is designed 
to prevent bulk collection on a nationwide scale and other broad 
collection of information that pertains to large numbers of people who 
share an identifier. The substitute amendment's definition of 
``specific selection term'' is an integral part of our effort to end, 
and prevent, such broad collection. The identifiers that fit this 
definition should be narrowly construed to further this goal.
   Under the bill, a specific selection term is defined as, ``a 
discrete term, such as a term specifically identifying a person, 
entity, account, address, or device, used by the Government to limit 
the scope of the information or tangible things sought pursuant to the 
statute authorizing the provision of such information or tangible thing 
to the government.''
   This definition includes a non-exclusive list of discrete 
identifiers--person, entity, account, address, device--that are 
associated with a specific person or a very small group of people. The 
list is non-exclusive because there may be other discrete identifiers 
that pertain only to a specific person or a small group. Using an 
illustrative list rather than an exhaustive list provides necessary 
flexibility in choosing selection terms that identify particular people 
or small groups, and is not intended to permit collection of 
information about large numbers of people who may have some tie to an 
identifier. For example, a ``specific selection term'' includes the 
phone number associated with a target's cell phone and the phone number 
of his home landline he shares with the rest of his family, but not an 
area code shared by thousands or millions.
   The substitute amendment includes ``device'' and ``address'' among 
the illustrative examples of specific selection terms. Use of these 
examples is not intended to permit large scale collection. They were 
added to broaden the type of specific identifiers that could be 
employed, not to permit broad collection of information that pertains 
to vast numbers of people. In both cases, these terms apply to a 
personal identifier--a personal device or address--in which the 
``device'' or ``address'' takes the place of another unique identifier, 
such as a name or account.
   For example, the IMEI number of cell phone identifies that 
``device'' and is an appropriate selection term because the device is 
associated with a specific person. However, the IP address of an 
Internet router that acts as a hub for thousands of email users, while 
it identifies a specific device, does not qualify as a specific 
selection term because the records associated it with pertain to so 
many people. Similarly, an ``address'' could serve as a selection term 
permitting the government to name the physical address of a home, but 
not an IP address shared by thousands of Internet users. To use a 
selection term in a manner that would sweep up the records that pertain 
to dozens, hundreds, or thousands of individuals is exactly the type of 
mass surveillance that this legislation is designed to prevent.
   The USA FREEDOM Act is intended to stop both bulk and ``bulky'' 
collection, and I expect it to fulfill this function as a critical 
safeguard to Americans' privacy.

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