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Key Votes on Array
Roll Call
91
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About The Keyvote

This amendment would require that a warrant be acquired under a non-FISA court in order to conduct surveillance on any US person and would disallow the use of information collected on US persons under either FISA or Executive Order 12333 from being used against them in court. Because it challenges the very structure of the surveillance authorities the government claims, this is considered a more ambitious reform than the others. However, it would bring surveillance authorities far closer into line with the express intent of the 4th Amendment - that all Americans receive due process against undue searches and seizures and that defendants have access to all information available to the government in the event of a court proceeding.

The specific prohibition on the use of EO 12333 data against Americans is particularly noteworthy in light of Senator Burr’s recent assertion on the Senate floor that the executive branch could use it to continue Section 215 surveillance unabated in the absence of legislative permission.