The federal government used the Patriot Act to collect website visit logs in 2019, the Office of the Director of National Intelligence revealed in letters made public Thursday, putting a renewed focus on surveillance authorities that lapsed earlier this year.
Director of National Intelligence (DNI) John Ratcliffe
John Lee RatcliffeHillicon Valley: Government used Patriot Act to gather website visitor logs in 2019 | Defense bill leaves out Section 230 repeal, includes White House cyber czar position | Officials warn hackers are targeting vaccine supply chain Government used Patriot Act to gather website visitor logs in 2019 DNI Ratcliffe: China 'greatest threat' to freedom since World War II MORE, in a Nov. 6 letter in response to Sen. Ron Wyden
Ronald (Ron) Lee WydenHillicon Valley: Government used Patriot Act to gather website visitor logs in 2019 | Defense bill leaves out Section 230 repeal, includes White House cyber czar position | Officials warn hackers are targeting vaccine supply chain Government used Patriot Act to gather website visitor logs in 2019 Despite veto threat, Congress presses ahead on defense bill MORE (D-Ore.), wrote that Section 215 of the Patriot Act, which allows the FBI to covertly obtain court orders to collect any business records relevant to a national security, was not used to get internet search terms.
He later clarified that position in a Nov. 25 follow-up letter after being contacted by the Justice Department to note that the authority had been used once to collect logs showing which computers “in a specified foreign country” had visited “a single, identified U.S. web page” during 2019.
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“The DNI’s amended letter raises all kinds of new questions, including whether, in this particular case, the government has taken steps to avoid collecting Americans’ web browsing information,” Wyden said in a statement to The Hill on Thursday.
“More generally, the DNI has provided no guarantee that the government wouldn’t use the Patriot Act to intentionally collect Americans’ web browsing information in the future, which is why Congress must pass the warrant requirement that has already received support from a bipartisan majority in the Senate.”
A spokesperson for the FBI declined to comment on whether the authority had been used to gather similar information before 2019, but did suggest that collecting web browsing data was consistent with the agency's interpretation of the law.
"Section 215 has been an important tool used by the government to obtain this type of non-content information to combat cyber and other national security threats," they said, referring to data about communications excluding the communications themselves.
"This type of non-content information can be obtained in a criminal investigation through the use of a grand jury subpoena and we see no reason to prohibit the acquisition of the same type of information under Section 215 when investigating a threat to national security.”
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While Ratcliffe noted that the government did not collect keywords for searches, the data collected is considered sensitive by many civil rights groups.
"Our web-browsing records are windows into some of the most sensitive information about our lives — revealing everything from our political views to potential medical conditions,” Patrick Toomey
Patrick (Pat) Joseph ToomeyAppeals court rules NSA's bulk phone data collection illegal Dunford withdraws from consideration to chair coronavirus oversight panel GOP senators push for quick, partial reopening of economy MORE, senior staff attorney with the ACLU's National Security Project, said in a statement. “The FBI should not be collecting this information without a warrant.”
Sean Vitka, senior policy counsel at the progressive group Demand Progress, said that the same logic could be used to justify mass surveillance.
“If this is legal in their mind then a dragnet on a website is legal,” he told The Hill.
The New York Times first reported on the Ratcliffe letters.
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The revelation that Section 215 was used to collect online visitor logs comes as Congress struggles over how to reauthorize the provision and two other surveillance-related investigative tools whose legal authority lapsed earlier this year.
Section 215 has been a particular sticking point in negotiations.
Wyden and Sen. Steve Daines
Steven (Steve) David DainesOn The Money: COVID-19 relief picks up steam as McConnell, Pelosi hold talks | Slowing job growth raises fears of double-dip recession | Biden officially announces Brian Deese as top economic adviser Government used Patriot Act to gather website visitor logs in 2019 GOP blocks effort to make payroll tax deferral optional for federal workers MORE (R-Mont.), who offered an amendment that would bar law enforcement from accessing Americans' web browsing history using Section 215, fell one vote short of adoption in the Senate earlier this year.
In the House, a narrower version of the amendment was pulled by Democratic leadership before they ultimately kicked the surveillance reauthorization debate to a conference committee.
Senate Majority Leader Mitch McConnell
Addison (Mitch) Mitchell McConnellBiden backs 0B compromise coronavirus stimulus bill US records over 14 million coronavirus cases On The Money: COVID-19 relief picks up steam as McConnell, Pelosi hold talks | Slowing job growth raises fears of double-dip recession | Biden officially announces Brian Deese as top economic adviser MORE (R-Ky.) did not appoint any members to the conference panel, meaning the Section 215 authority has since lapsed.
While the three authorities remain inactive, lawmakers and privacy groups have raised concerns that the Trump administration may be using an earlier executive order to illegally surveil Americans.
Executive Order 12333, issued in 1981, has been used before to conduct operations without statutory authorization or congressional oversight.
Sens. Patrick Leahy
Patrick Joseph LeahyGovernment used Patriot Act to gather website visitor logs in 2019 Top GOP senator warns government funding deal unlikely this week Incoming Congress looks more like America MORE (D-Vt.) and Mike Lee
Michael (Mike) Shumway LeeGovernment used Patriot Act to gather website visitor logs in 2019 Grassley returns to Capitol after having coronavirus McConnell halts in-person Republican lunches amid COVID-19 surge MORE (R-Utah) and Reps. Pramila Jayapal
Pramila JayapalGovernment used Patriot Act to gather website visitor logs in 2019 Inequality of student loan debt underscores possible Biden policy shift Biden Cabinet picks largely unify Democrats — so far MORE (D-Wash.) and Warren Davidson
Warren Earl DavidsonGovernment used Patriot Act to gather website visitor logs in 2019 Hillicon Valley: House votes to condemn QAnon | Americans worried about foreign election interference | DHS confirms request to tap protester phones House approves measure condemning QAnon, but 17 Republicans vote against it MORE (R-Ohio) sent letters to Attorney General William Barr
Bill BarrBiden says GOP senators have called to congratulate him Trump campaign, RNC announce 0 million post-election fundraising haul Michigan voter fraud hearing goes viral for alleged flatulence, unruly witness MORE and Ratcliffe earlier this year over potential misuse of 12333 authority. The lawmakers said they never received a response.
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