Good god this is frightening. The good news is my local Representative (Republican at that) was one of the few 'nay' votes. The bad news is there's not enough of them.
Section 309 in whole, my emphasis added
SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED
(a) Definitions.--In this section:
(1) Covered communication.--The term ``covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage.
(2) Head of an element of the intelligence community.--The term
``head of an element of the intelligence community'' means, as
(A) the head of an element of the intelligence community;
(B) the head of the department or agency containing such
(3) United states person.--The term ``United States person''
has the meaning given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(b) Procedures for Covered Communications.--
(1) Requirement to adopt.--Not later than 2 years after the date of the enactment of this Act each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3).
(2) Coordination and approval.--The procedures required by
paragraph (1) shall be--
(A) prepared in coordination with the Director of National
(B) approved by the Attorney General prior to issuance.
(3) Procedures.-- (A) Application.--The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or
certification issued by a court established under subsection
(a) or (b) of section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
similar legal process that is reasonably anticipated to result
in the acquisition of a covered communication to or from a
United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B).
(B) Limitation on retention.--A covered communication shall not be retained in excess of 5 years, unless--
(i) the communication has been affirmatively
determined, in whole or in part, to constitute foreign
intelligence or counterintelligence or is necessary to
understand or assess foreign intelligence or
(ii) the communication is reasonably believed to
constitute evidence of a crime and is retained by a law
(iii) the communication is enciphered or reasonably believed to have a secret meaning; [LOL WUT??????]
(iv) all parties to the communication are reasonably believed to be non-United States persons;
(v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause; [so they need to retain intelligence for 5 years that is an 'imminent threat' to human life?]
(vi) retention is necessary for technical assurance or
compliance purposes, including a court order or discovery
obligation, in which case access to information retained
for technical assurance or compliance purposes shall be
reported to the congressional intelligence committees on an
annual basis; or
(vii) retention for a period in excess of 5 years is
approved by the head of the element of the intelligence
community responsible for such retention, based on a
determination that retention is necessary to protect the
national security of the United States, in which case the
head of such element shall provide to the congressional
intelligence committees a written certification
(I) the reasons extended retention is necessary to
protect the national security of the United States;
(II) the duration for which the head of the element
is authorizing retention;
(III) the particular information to be retained;
(IV) the measures the element of the intelligence
community is taking to protect the privacy interests of
United States persons or persons located inside the
The thing is that's just for retaining this information for greater than 5 years. Basically it says they can collect EVERYTHING for up to 5 years. WTF.
Thanks for sharing. I can't believe I have not seen or heard a peep about this. This is why I love this forum.
Thank 8chan, they were the ones sitting on this goose egg for 4 days. They urged a twitter campaign and made several infographs to spread around, but if you've seen the petition, we still have less than 10k signatures. Not a good sign for proof-of-concept.
Every 8chan user heard about this, even /v/ and /pol/ had it stickied for a while, only reason you haven't heard it on 4chan is because /pol/'s booty was plundered so hard by moot shortly before the shitstorm, and reddit is, well, reddit. Maybe a couple threads on r/KotakuInAction, but that's it.
One thing is they're already doing this but they're going to make it-erm "legal" to do now