From Melissa Gira Grant's 5-12-20 New Republic article entitled "Congress May Hand Bill Barr the Keys to Your Online Life":
While
the country is facing a daily Covid-19 death toll in the thousands and
the coronavirus outbreak snakes its way inside the executive branch,
Congress is currently considering a vast expansion of the Justice
Department’s power over online platforms and the people who use them.
Should these measures pass, Americans’ web searching and browsing
histories could be collected by the FBI without a warrant. But that’s
just the preeminent concern. Should Congress grant the DOJ all the power
it is seeking, users may also lose access to apps that use end-to-end
encryption (like Signal and Facebook Messenger), and the kinds of
content they can currently post online may find themselves subject to
additional moderation and monitoring.
The
exposure of search and browser histories would be the result of an
amendment to the Patriot Act, passed in 2001 and up for reauthorization.
As reported by
Spencer Ackerman at The Daily Beast, Senate Majority Leader Mitch
McConnell is pushing for an amendment extending those powers to the FBI,
“under cover of redressing what President Donald Trump and his allies
call the FBI’s ‘witch hunt’ over collusion with the Kremlin.” The
Patriot Act requires that materials that are “relevant” to an ongoing
investigation be turned over; McConnell’s amendment expands that, as
Democratic Senator Ron Wyden told The Daily Beast, so that “[Attorney
General Bill] Barr gets to look through the web browsing history of any
American—including journalists, politicians, and political
rivals—without a warrant, just by saying it is relevant to an
investigation.”
As
for the possibility that Congress may substantially diminish the rights
we currently enjoy in terms of content creation and user encryption,
that might come about through the passage of the EARN IT Act—Eliminating
Abusive and Rampant Neglect of Interactive Technologies. Introduced by
Republican Senator Lindsey Graham, with the support of Democratic
senators such as Richard Blumenthal and Dianne Feinstein, the new bill
could threaten online
privacy by requiring online platforms like Facebook to “earn” immunity
from liability for user-generated content—something they already are
granted under law—by meeting a new set of “child safety” requirements.
Compliance in these matters would, once again, be overseen by the
attorney general. These requirements would likely necessitate that
companies monitor their users, including what they share in private or
encrypted communications, to ensure that child sexual abuse material
(child pornography) is not being disseminated on their platforms. Barr
would have authority over the guidelines as well, which are not
enumerated in the bill.
“Together,
EARN It and Mitch McConnell’s Patriot Act amendments would give the
most corrupt attorney general of our lifetime unprecedented ability to
pry into everything Americans do and say online,” Wyden told The New Republic in
a statement. “It would be an unconscionable mistake for Democrats to
hand Donald Trump and Attorney General Barr these sprawling powers,
especially during the Covid-19 crisis, when Americans are spending more
and more time on our devices.”
There
is a chance, during the ongoing spectacle of this pandemic, that these
measures may pass with little notice or public debate, despite
significant opposition....
To read Grant's entire article, click HERE.
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