Fixing FISA, Part II House Judiciary GOP https://www.youtube.com/watch?v=1d8tXL9pcNs

Biggs: Mr Schaerr, I'm gonna go to you next. the gentleman from Georgia kind of intimated that somehow a data collection and querying is similar to, an officer on the, in a patrol car driving around and observing suspicious activity, maybe making a terry stop or whatever you wanna call it. But how is this different? And why should we equate this more like to a wiretap rather than a, a stop and frisk? Schaer: I think it is very much more like a wiretap. I mean, yes, if you're, if you're a police officer, you have, you have a right to be on a, to be on a highway and, and watch what goes by, but that doesn't mean that you also get to have a helicopter flying over the, the neighborhood and, you know, and taking pictures of everything that happens in every home, in that neighborhood. And so by all means, II, I think the, the wiretap analogy is the right one to use because that, that exactly is what 702 is doing is it's taking a, a stream of data, a massive stream of data and you know, and just pulling things out of it. And, and even if it's appropriate to collect the data,, there need to be fourth amendment protections when it comes to searching that data,(Biggs asks) just as you would have in a wiretap. I mean, when you, when you narrow the search down, you've made a particularized,, you, you've targeted somebody.

Schaerr:Right.

>>19180414

Biggs: Ms Goitein, and that is dealing with purchased information and I think Professor Turley kind of got to it a little bit is that they wrap it up and we, we've been briefed by the FBI in this, they, they talk about multiple databases that they're, that, that they're using and, and then it's, then it's there's a, a wall that's created. Why, why should we prohibit the use of purchased material When we know other nations are, are using it? Ms Goitein: Well, that's an important question. And let's be clear that we are talking about material that the government would need a warrant or a court order or a subpoena if it were compelling the production. So we're talking about sensitive information about us persons. The reason the government can buy this from data brokers is because there are loopholes in the law. The law does prohibit phone companies and internet companies from selling this type of data to the government. But that law is from 1986. And so it doesn't address digital data brokers. They didn't exist back then. So there's this loophole where the government where the companies cannot sell it to the government, they can sell it to data brokers. The data brokers turn around and sell the same information to the government at a handsome profit profit. So the the information is laundered through, through a middle man.