The FBI can access your browsing history without a warrant, and the Senate is to blame

by Kaylee McGhee

| May 15, 2020 11:51 AM

The Senate failed to pass an amendment to a package of surveillance laws on Wednesday that would have prevented the FBI from searching through your internet browsing and search history data without a warrant.

It should go without saying that this development poses a serious threat to our right to privacy, especially since a large part of our day-to-day activities are now conducted online. We work online, we shop online, and we communicate online, and the federal government can access all of it thanks to the USA Freedom Act.

The presumption, of course, is that the federal government will only access online data if given a reason to do so and that the requests for data will be limited in scope. But this promise means very little given the past and frequent abuses of the Patriot Act, an anti-terrorism tool that has taken on a life of its own in recent years.

The Senate’s failure to curb this power is made even more frustrating by the fact that the amendment protecting personal data and requiring a warrant failed by just one vote. Sens. Ben Sasse, Bernie Sanders, and Patty Murray were notably absent from the vote, and at least Murray has said she would have voted "yes" had she been present. Sen. Lamar Alexander was also absent; he has been quarantined after being exposed to the coronavirus.

Our Internet data ought to be afforded the same protections as property. Critics have argued that this would be imprudent, since it would likely slow down the free flow of information. These concerns are reasonable, but Democratic Sen. Ron Wyden made a good point this week when he compared web browsing history to a person’s thoughts. There are some things we would like to keep to ourselves, and the federal government does not have the right to search through those thoughts, or through our internet searches, without proving that there is an immediate need to do so.

The Patriot Act and its subsequent revisions might be necessary, but without accountability and oversight, it is a vehicle for abuse. The Senate had the opportunity to limit it but refused to do so. This is a shame.

https://www.washingtonexaminer.com/opinion/the-fbi-can-access-your-browsing-history-without-a-warrant-and-the-senate-is-to-blame

https://tech.co/news/fbi-access-browsing-history-patriot-act