Electronic surveillance

FBI surveillance access with National Security Letter unchanged, for now

An expansion of FBI surveillance powers failed to pass in the Senate by two votes. The legislation, attached as an amendment to a criminal justice funding bill, would have given the FBI access to more types of data under National Security Letters.The FBI is able to use a National Security Letter to access data without judicial review, and those providing data under an NSL are often required to keep the existence of the NSL secret. Under the proposed amendment, the FBI could demand email address header information, internet browsing history, social media login data and more metadata that it did not previously have access to under a National Security Letter.

"In the wake of the tragic massacre in Orlando, it is important our law enforcement have the tools they need to conduct counterterrorism investigations and track 'lone wolves,' or ISIL-inspired terrorists who do not have direct connections to foreign terrorist organizations, but who seek to harm Americans," said Sen. John McCain (R-Ariz.) in a statement released prior to the vote.