The document discusses policy changes being proposed in Congress in response to NSA surveillance leaks. It outlines two bills - the USA Freedom Act, which seeks to restrict NSA bulk data collection and increase transparency, and the FISA Improvement Act, which aims to codify NSA programs while enhancing oversight. The bills differ in their goals and key provisions, and also have varying prospects of passing based on support from lawmakers and tech companies.

1. Policy and the Private Sector: Addressing the NSA Leaks
Published: November 15, 2013
National Journal Presentation Credits
Contributor: Dustin Volz, National Journal Staff Correspondent
Producer: Catherine Treyz
Director: Jessica Guzik

2. Before NSA Leaks, Tech Companies Acceded to
Data Requests
National Security Agency (NSA) Data Request Process
NSA identifies data necessary
to collect for national security
purposes
Foreign Intelligence
Surveillance Act (FISA) Court
reviews NSA data request
and, if approved, grants
surveillance warrant
Tech or telecomm company
accedes to surveillance
warrant, shares data with
NSA
Takeaway
The National Security Agency can access volumes of data from tech and telecommunications companies by obtaining a surveillance
warrant from the FISA Court, which reviews the NSA’s data requests to ensure they are justified in the interests of national security
Source: “Factbox: History of mass surveillance in the United States,” Reuters, June 7, 2013.
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3. Companies’ Main Concern: Transparency with Consumers
Estimated NSA Data Requests and Accounts Affected
Among Key Companies
January to July 2013
Analysis by Dustin Volz
Companies often comply with NSA surveillance warrants, but they seek to be transparent about those data requests
with their customers in order to protect brand reputation
Source: “A Barrage of Data Requests,” The Washington Post, November 5, 2013.
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4. Leaks Reveal NSA Not Transparent With Companies
NSA Data Collection via Classified Programs
PRISM
Collects data and metadata
from nine servers; Apple,
AOL, Facebook, Google,
Microsoft, PalTalk, Skype,
Yahoo, and YouTube
MUSCULAR
Collects user data
and data links that
connect Yahoo
and Google data
centers worldwide
XKEYSCORE
Collects real-time Internet
activity, e-mail content,
browsing history, and
metadata into a
comprehensive database
Analysis by Dustin Volz
• Stream of NSA leaks that began in June 2013 revealed many classified surveillance programs, including programs that
bypassed the FISA Court’s review and collected information from companies without their knowledge
• Companies could not be transparent with customers about surveillance that they did not know about
• Companies shifted positioning on data collection from increasing transparency to pushing for policy reform
Source: Glenn Greenwald, “XKeyscore: NSA tool collects ‘nearly everything a user does on the Internet,’” The Guardian, July 31, 2013; TIME Staff, “A Glossary of Government Surveillance,” TIME, August 1, 2013; Barton
Gellman and Ashkan Soltani, “NSA infiltrates links to Yahoo, Google data centers worldwide, Snowden documents say,” The Washington Post, October 30, 2013; “NSA slides explain the PRISM data-collection program,” The
Washington Post, June 6, 2013; National Journal Research, 2013.
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5. Under Pressure from Tech Companies and Constituents,
Congress Proposes Changes
USA Freedom Act vs. FISA Improvement Act
Header
USA FREEDOM Act
FISA Improvement Act
Introduced
October 29, 2013
October 31, 2013
Authors
Sen. Patrick Leahy (D- Vt.)
Rep. James Sensenbrenner (R-Wis.)
Sen. Dianne Feinstein (D-Calif.)
To strengthen prohibitions regarding access to Americans’
personal information and interactions
To strengthen national security by sustaining NSA’s metadata
collection programs and to protect Americans’ privacy
• End the NSA’s bulk data collection authorized under
Section 215 of the Patriot Act
• Require the government to delete all information about
American citizens that was accidently collected
• Create a special advocate office to argue for stronger
privacy protections before the FISA Court
• Require the Attorney General to disclose all relevant court
decisions related to the interpretation of this law
• Enhance oversight of overseas intelligence collection
• Allow the government to keep phone records for up to five
years
• Require FISA Court to review data collection to ensure
“reasonable articulable suspicion” of terrorism
• Require Senate to approve NSA director and inspector
general appointments (a provision the White House opposes)
• Revise intelligence gathering procedures every five years
• Positive: Most tech companies, civil liberties groups, and
many lawmakers back the bill
• Positive: Bill has bicameral and bipartisan support
• Negative: Bill may be seen as encroaching on executive
power
• Negative: Lacks House leadership backing
• Positive: Moderate approach to reform; more appetizing for
conservatives
• Negative: Many see bill as codifying NSA surveillance powers
• Negative: House Intelligence Cmte. Chairman Mike Rogers
(R-Mich.) may introduce a similar bill through the intelligence
authorization bill with Speaker John Boehner’s (R-Ohio)
support
Goals
Key
Provisions
Prospects
of Passing
Takeaway
Congress only has a few days in session to act on any surveillance reform bill; however, leadership has not indicated that it is a top short-term priority
Source: Govtrack.us; Ellen Nakashima, “Senate bill would approve NSA program but try to curb it,” The Washington Post, October 31, 2013; Brendan Sasso, “Lawmakers propose USA Freedom Act to
curb NSA”s powers,” The Hill, October 29, 2013; Stacy Kaper, “Can the Senate Crack Down on NSA Spying,” National Journal, November 7, 2013; National Journal Research, 2013.
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6. Under Pressure from Tech Companies and Constituents,
Congress Proposes Changes
USA Freedom Act vs. FISA Improvement Act
Header
USA FREEDOM Act
FISA Improvement Act
Introduced
October 29, 2013
October 31, 2013
Authors
Sen. Patrick Leahy (D- Vt.)
Rep. James Sensenbrenner (R-Wis.)
Sen. Dianne Feinstein (D-Calif.)
To strengthen prohibitions regarding access to Americans’
personal information and interactions
To strengthen national security by sustaining NSA’s metadata
collection programs and to protect Americans’ privacy
• End the NSA’s bulk data collection authorized under
Section 215 of the Patriot Act
• Require the government to delete all information about
American citizens that was accidently collected
• Create a special advocate office to argue for stronger
privacy protections before the FISA Court
• Require the Attorney General to disclose all relevant court
decisions related to the interpretation of this law
• Enhance oversight of overseas intelligence collection
• Allow the government to keep phone records for up to five
years
• Require FISA Court to review data collection to ensure
“reasonable articulable suspicion” of terrorism
• Require Senate to approve NSA director and inspector
general appointments (a provision the White House opposes)
• Revise intelligence gathering procedures every five years
• Positive: Most tech companies, civil liberties groups, and
many lawmakers back the bill
• Positive: Bill has bicameral and bipartisan support
• Negative: Bill may be seen as encroaching on executive
power
• Negative: Lacks House leadership backing
• Positive: Moderate approach to reform; more appetizing for
conservatives
• Negative: Many see bill as codifying NSA surveillance powers
• Negative: House Intelligence Cmte. Chairman Mike Rogers
(R-Mich.) may introduce a similar bill through the intelligence
authorization bill with Speaker John Boehner’s (R-Ohio)
support
Goals
Key
Provisions
Prospects
of Passing
Takeaway
Congress only has a few days in session to act on any surveillance reform bill; however, leadership has not indicated that it is a top short-term priority
Source: Govtrack.us; Ellen Nakashima, “Senate bill would approve NSA program but try to curb it,” The Washington Post, October 31, 2013; Brendan Sasso, “Lawmakers propose USA Freedom Act to
curb NSA”s powers,” The Hill, October 29, 2013; Stacy Kaper, “Can the Senate Crack Down on NSA Spying,” National Journal, November 7, 2013; National Journal Research, 2013.
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