Less than a month after the attempted assassination of former President Donald Trump, the agency that failed to protect him from harm may get a bigger budget.

On July 13, when Thomas Matthew Crooks shot and wounded Trump during a campaign rally in Pennsylvania, Secret Service agents sprang into action, heroically shielding him from further harm and escorting him from the stage.

But subsequent reporting revealed that the incident was entirely preventable: Rally attendees alerted law enforcement to the presence of a suspicious person more than an hour before he started shooting, and they later saw him climbing on top of a building with a gun. "Trump was on stage for around 10 minutes between the moment Crooks was spotted on the roof with a gun and the moment he fired his first shot," the BBC reported.

After a particularly disastrous appearance before the House Oversight Committee, Secret Service Director Kimberly Cheatle resigned. Appearing before two Senate committees this week, acting Director Ronald Rowe Jr. testified that he was "ashamed" of the agency's failure.

Almost immediately after the shooting, a narrative emerged that the lapse owed to a lack of resources.

At a July 15 White House press briefing, a reporter asked Secretary Alejandro Mayorkas of the Department of Homeland Security—which oversees the Secret Service—"Is the Secret Service stretched too thin?"

"The Secret Service in—in times like this calls upon other resources and capabilities to handle a—a campaign of this magnitude," Mayorkas replied. "And I do intend to speak with members of the Hill with respect to the resources that we need."

"Our agency needs to be adequately resourced in order to serve our current mission requirements and to anticipate future requirements," Cheatle noted in her opening testimony before the House Oversight Committee on July 22. "As of today, the Secret Service has just over 8,000 employees," she told Rep. Stephen Lynch (D–Mass.). "We are still striving toward a number of 9,500 employees, approximately, in order to be able to meet future and emerging needs."

In a letter to Rowe this week, Sens. Chris Murphy (D–Conn.) and Katie Britt (R–Ala.)—respectively the chairman and the ranking member of the Senate Appropriations Subcommittee on Homeland Security—sought to understand the agency's financial needs as the subcommittee drafts an appropriations bill.

"Congress provided more than $190 million to the Secret Service in Fiscal Year 2024, specifically for protection requirements related to the 2024 presidential campaign, plus an additional $22 million above President Biden's budget request for protection-related travel costs," the senators wrote. "Despite this increase, in mid-June, prior to the attempted assassination, the Secret Service submitted a reprogramming notification to our subcommittee detailing its intent to shift $19 million to cover a shortfall for protection-related travel funding." This was in addition to the imminent addition of two vice presidential candidates and their families to the agency's protective purview, plus independent presidential candidate Robert F. Kennedy Jr., whom President Joe Biden added to the list after the shooting.

"As a result, the Secret Service is assuming new protection costs related to the campaign at a time when it already appears to lack sufficient resources to fulfill its protective mission," the senators continue.

But it's not at all clear that a lack of resources was the issue: The agency's budget in real numbers grew 55 percent over the last decade, to $3.62 billion, and its work force grew 33 percent from 2002 to 2019.

It is possible the agency may be stretched thin in its duties: The Secret Service is tasked by law with protecting not only the president, vice president, and their immediate families, but also former presidents, vice presidents, and their spouses for life, and their children until age 16. They also protect visiting heads of state and "other distinguished foreign visitors to the United States and official representatives of the United States performing special missions abroad when the President directs that such protection be provided."

"The Secret Service currently protects 36 individuals on a daily basis, as well as world leaders who visit the United States," Cheatle told the House Oversight Committee.

But that's not the agency's only job: Agents are tasked with investigating a number of financial crimes like counterfeiting, money laundering, and identity theft, as well as ransomware attacks, botnets, and "online sexual exploitation and abuse by predators and other criminals, sometimes for financial gain."

It's possible that the Secret Service is doing too many jobs for the amount of resources it enjoys. Perhaps many of its financial and investigative tasks should be shifted to the U.S. Treasury Department, which is where the Secret Service originated before Congress added presidential protection to its plate in 1901. The numbers demonstrate that the agency's problem is not purely financial.

But it's also worth keeping in mind that government agencies, by their nature, do too much, too poorly, and for too much money. The Secret Service, for all the nobility of its mission, is no exception.

The post Secret Service May Get Even More Money After Failing To Protect Trump appeared first on Reason.com.

At a Republican presidential primary debate in January 2016, Sen. Marco Rubio (R–Fla.) succinctly explained why using tariffs as a foreign policy tool would backfire against Americans.

"We are all frustrated with what China is doing, but I think we need to be very careful with tariffs and here's why," Rubio said, directly challenging Donald Trump over his call for placing tariffs on goods imported from China.

"China doesn't pay the tariff. The buyer pays the tariff," Rubio explained. "If you send a tie or a shirt made in China into the United States, and an American goes to buy it in the store, and there is a tariff on it, [the tariff] gets passed on in the price to the consumer."

In an essay published this week at The American Conservative, Rubio argued for exactly the opposite. Trump's plan to place even more tariffs on China if elected to another term in the White House would be "good for the economy insofar as they counteract market inefficiencies created by adversarial trade practices," Rubio writes, adding that it will "prevent or reverse offshoring, preserving America's economic might and promoting domestic investment."

The economics of tariffs have not changed in the past eight years. Rubio has.

The once-independent-minded senator from Florida has recently gone all-in on nationalist economics—presumably in an attempt to flatter Trump, a man Rubio once called a "dangerous con man." The senator has authored other essays recently advocating for industrial policy (he supports the "right" kind of industrial policy, which would of course be very different from the wrong kind of industrial policy President Joe Biden is pursuing, even though it's unclear how they would actually differ) and has publicly pushed back at critics who have called out his economic fallacies.

But the current version of Rubio is bound to lose this debate with his 2016 alter ego, who has the facts firmly on his side.

Indeed, just as Rubio predicted in 2016, the tariffs imposed by former President Donald Trump have been overwhelmingly paid by American businesses and consumers. Those groups "bore nearly the full cost of these tariffs because import prices increased at the same rate as the tariffs," the U.S. International Trade Commission (ITC) found in its five-year review of Trump's tariff policies. While Trump's tariffs on steel and aluminum spurred a small increase in domestic production of those metals, the ITC found, the downstream costs of the tariffs swamped the modest benefits.

Other studies found similar results. Here's one authored by economists at the Federal Reserve, Princeton University, and Columbia University that found Trump's tariffs cost U.S. consumers $3 billion per month. Here's a study by economists at the University of Chicago that found Trump's tariffs on washing machines hiked consumer costs by more than $1.5 billion. A study from Moody's Investor Service that found American consumers paid roughly 93 percent of the tariff costs. Other studies have come to similar conclusions.

In his American Conservative essay, Rubio tellingly doesn't attempt to offer evidence to contradict these well-established facts. Instead, he flippantly declares that the "'experts' got it wrong" and adds that "economists simplistically declare 'The policy is very bad. Tariffs make consumers poorer. They shrink the economy.'"

Perhaps the economists say those things because they are true and because the past six years have confirmed as much. It's fine to be skeptical of experts, but Rubio is the one making simplistic declarations here.

And if tariffs were the solution to anything, wouldn't there be evidence to support that claim by now? Rubio is engaging in a rhetorical trick more commonly used by progressives by suggesting that the lack of evidence in favor of a government policy isn't indicative of failure but only means that it hasn't been tried hard enough. Conservatives used to roll their eyes at that tactic.

Perhaps Rubio will parlay all these mental gymnastics and pro-Trump sycophancy into a vice presidential nomination or some other plum gig. For now, however, he's provided a perfectly pathetic illustration of the current state of the Republican Party, which has abandoned principle and reality to swoon for Trump's silly notions about what makes countries prosperous.

"The best thing we can do to protect ourselves against China economically is to make our economy stronger," Rubio said during that same GOP primary debate in 2016, adding that the best way to boost economic growth would be to cut taxes on American businesses and consumers.

Eight years later, Rubio is advocating for raising taxes on Americans in order to combat China. It makes no sense and we know that Rubio knows better, even if he no longer has the cojones to say so.

The post Marco Rubio Used To Know How Tariffs Work. What Happened? appeared first on Reason.com.

The US House of Representatives passed a bill on Saturday that could either see TikTok banned in the country or force its sale. A revised version of the bill, which previously passed the House in March but later stalled in Senate, was roped in with a foreign aid package this time around, likely meaning it will now be treated as a higher priority item. The bill originally gave TikTok’s Chinese parent company, ByteDance, six months to sell the app if it’s passed into law or TikTok would be banned from US app stores. Under the revised version, ByteDance would have up to a year to divest.

The bill passed with a vote of 360-58 in the House, according to AP. It’ll now move on to the Senate, which could vote on it in just a matter of days. Senate Majority Leader Chuck Schumer said today that the Senate is working to reach an agreement on when the next vote will be for the foreign aid package that the TikTok bill is attached to, but it is expected to happen this coming Tuesday. President Joe Biden has previously said he would support the bill if Congress passes it. 

The bill paints TikTok as a national security threat due to its ties to China. There are roughly 170 million US users on the app, at least according to TikTok, and ByteDance isn't expected to let them go without a fight. In a statement posted on X earlier this week, the TikTok Policy account said such a law would “trample the free speech rights” of these users, “devastate 7 million businesses, and shutter a platform that contributes $24 billion to the U.S. economy, annually.” Critics of the bill have also argued that banning TikTok would do little in the way of actually protecting Americans’ data.

This article originally appeared on Engadget at https://www.engadget.com/house-votes-in-favor-of-bill-that-could-ban-tiktok-sending-it-onward-to-senate-185140206.html?src=rss

© Reuters / Reuters

The bill that could lead to a ban of TikTok in the United States appears to be much closer to becoming law. The legislation sailed through the House of Representatives last month, but faced an uncertain future in the Senate due to opposition from a few prominent lawmakers.

But momentum for the “Protecting Americans from Foreign Adversary Controlled Applications Act” seems to once again be growing. The House is set to vote on a package of bills this weekend, which includes a slightly revised version of the TikTok bill. In the latest version of the bill, ByteDance would have up to 12 months to divest TikTok, instead of the six-month period stipulated in the original measure.

That change, as NBC News notes, was apparently key to winning over support from some skeptical members of the Senate, including Sen. Maria Cantwell, chair of the Senate Commerce Committee. So with the House expected to pass the revised bill Saturday — it’s part of a package that also includes aid to Ukraine and Israel — its path forward is starting to look much more certain, with a Senate vote coming “as early as next week,” according to NBC. President Joe Biden has said he would sign the bill if it’s passed by Congress.

If passed into law, TikTok (and potentially other apps "controlled by a foreign adversary" and deemed to be a national security threat) would face a ban in US app stores if it declined to sell to a new owner. TikTok CEO Shou Chew has suggested the company would likely mount a legal challenge to the law.

“It is unfortunate that the House of Representatives is using the cover of important foreign and humanitarian assistance to once again jam through a ban bill that would trample the free speech rights of 170 million Americans, devastate 7 million businesses, and shutter a platform that contributes $24 billion to the U.S. economy, annually,” TikTok said in a statement.

This article originally appeared on Engadget at https://www.engadget.com/the-bill-that-could-ban-tiktok-is-barreling-ahead-230518984.html?src=rss

© ASSOCIATED PRESS

The US House of Representatives passed a bill on Saturday that could either see TikTok banned in the country or force its sale. A revised version of the bill, which previously passed the House in March but later stalled in Senate, was roped in with a foreign aid package this time around, likely meaning it will now be treated as a higher priority item. The bill originally gave TikTok’s Chinese parent company, ByteDance, six months to sell the app if it’s passed into law or TikTok would be banned from US app stores. Under the revised version, ByteDance would have up to a year to divest.

The bill passed with a vote of 360-58 in the House, according to AP. It’ll now move on to the Senate, which could vote on it in just a matter of days. Senate Majority Leader Chuck Schumer said today that the Senate is working to reach an agreement on when the next vote will be for the foreign aid package that the TikTok bill is attached to, but it is expected to happen this coming Tuesday. President Joe Biden has previously said he would support the bill if Congress passes it. 

The bill paints TikTok as a national security threat due to its ties to China. There are roughly 170 million US users on the app, at least according to TikTok, and ByteDance isn't expected to let them go without a fight. In a statement posted on X earlier this week, the TikTok Policy account said such a law would “trample the free speech rights” of these users, “devastate 7 million businesses, and shutter a platform that contributes $24 billion to the U.S. economy, annually.” Critics of the bill have also argued that banning TikTok would do little in the way of actually protecting Americans’ data.

This article originally appeared on Engadget at https://www.engadget.com/house-votes-in-favor-of-bill-that-could-ban-tiktok-sending-it-onward-to-senate-185140206.html?src=rss

© Reuters / Reuters

The bill that could lead to a ban of TikTok in the United States appears to be much closer to becoming law. The legislation sailed through the House of Representatives last month, but faced an uncertain future in the Senate due to opposition from a few prominent lawmakers.

But momentum for the “Protecting Americans from Foreign Adversary Controlled Applications Act” seems to once again be growing. The House is set to vote on a package of bills this weekend, which includes a slightly revised version of the TikTok bill. In the latest version of the bill, ByteDance would have up to 12 months to divest TikTok, instead of the six-month period stipulated in the original measure.

That change, as NBC News notes, was apparently key to winning over support from some skeptical members of the Senate, including Sen. Maria Cantwell, chair of the Senate Commerce Committee. So with the House expected to pass the revised bill Saturday — it’s part of a package that also includes aid to Ukraine and Israel — its path forward is starting to look much more certain, with a Senate vote coming “as early as next week,” according to NBC. President Joe Biden has said he would sign the bill if it’s passed by Congress.

If passed into law, TikTok (and potentially other apps "controlled by a foreign adversary" and deemed to be a national security threat) would face a ban in US app stores if it declined to sell to a new owner. TikTok CEO Shou Chew has suggested the company would likely mount a legal challenge to the law.

“It is unfortunate that the House of Representatives is using the cover of important foreign and humanitarian assistance to once again jam through a ban bill that would trample the free speech rights of 170 million Americans, devastate 7 million businesses, and shutter a platform that contributes $24 billion to the U.S. economy, annually,” TikTok said in a statement.

This article originally appeared on Engadget at https://www.engadget.com/the-bill-that-could-ban-tiktok-is-barreling-ahead-230518984.html?src=rss

© ASSOCIATED PRESS

The censors who abound in Congress will likely vote to ban TikTok or force a change in ownership. It will likely soon be law. I think the Supreme Court will ultimately rule it unconstitutional, because it would violate the First Amendment rights of over 100 million Americans who use TikTok to express themselves.

In addition, I believe the Court will rule that the forced sale violates the Fifth Amendment. Under the Constitution, the government cannot take your property without accusing and convicting you of a crime—in short, without due process. Since Americans are part of TikTok's ownership, they will eventually get their day in court.

The Court could also conclude that naming and forcing the sale of a specific company amounts to a bill of attainder, legislation that targets a single entity.

These are three significant constitutional arguments against Congress' forced sale/ban legislation. In fact, three different federal courts have already invalidated legislative and executive attempts to ban TikTok.

If the damage to one company weren't enough, there is a very real danger this ham-fisted assault on TikTok may actually give the government the power to force the sale of other companies.

Take, for example, Apple. As The New York Times reported in 2021, "In response to a 2017 Chinese law, Apple agreed to move its Chinese customers' data to China and onto computers owned and run by a Chinese state-owned company."

Sound familiar? The legislators who want to censor and/or ban TikTok point to this same law to argue that TikTok could (someday) be commanded to turn over American users' data to the Chinese government.

Note that more careful speakers don't allege that this has happened, but rather that it might. The banners of TikTok don't want to be troubled by anything inconvenient like proving in a court of law that this is occurring. No, the allegation is enough for them to believe they have the right to force the sale of or ban TikTok.

But back to Apple. It's not theoretical that it might turn over data to the Chinese Communist government. It already has (albeit, Chinese users' information). Nevertheless, it could be argued that Apple, by their actions, could fall under the TikTok ban language that forces the sale of an entity: under the influence of a foreign adversary.

(Now, of course, I think such legislation is absurdly wrong and would never want it applied to Apple, but I worry the language is vague enough to apply to many entities.)

As The New York Times explains: "Chinese government workers physically control and operate the data center. Apple agreed to store the digital keys that unlock its Chinese customers' information in those data centers. And Apple abandoned the encryption technology it uses in other data centers after China wouldn't allow it."

This sounds exactly like what the TikTok censors describe in their bill, except so far as we know, only Americans who live in China might be affected by Apple's adherence to China's law. TikTok actually has spent a billion dollars agreeing to house all American data with Oracle in Texas.

Are there other companies that might be affected by the TikTok ban? Commentary by Kash Patel in The Washington Times argues that Temu, an online marketplace operated by a Chinese company, is even worse than TikTok and should be banned. He makes the argument that Temu, in contrast with TikTok, "does not employ any data security personnel in the United States."

And what of the global publishing enterprise Springer Nature? It has admitted that it censors its scientific articles at the request of the Chinese Communist government. Will the TikTok bill force its sale as well?

Before Congress rushes to begin banning and punishing every international company that does business in China, perhaps they should pause, take a breath, and ponder the ramifications of rapid, legislative isolationism with regard to China.

The impulse to populism is giving birth to the abandonment of international trade. I fear, in the hysteria of the moment, that ending trade between China and the U.S. will not only cost American consumers dearly but ultimately lead to more tension and perhaps even war.

No one in Congress has more strongly condemned the historical famines and genocides of Communist China. I wrote a book, The Case Against Socialism, describing the horrors and inevitability of state-sponsored violence in the pursuit of complete socialism. I just recently wrote another book called Deception, condemning Communist China for covering up the Wuhan lab origins of COVID-19.

And yet, even with those searing critiques, I believe the isolationism of the China hysterics is a mistake and will not end well if Congress insists on going down this path.

The post If They Ban TikTok, Is Apple Next? appeared first on Reason.com.

Tech companies and First Amendment groups are calling attention to a provision in a domestic spying bill that they say would significantly expand the federal government's power to snoop on Americans' digital communications—potentially by forcing employees of private businesses to become informants.

The Information Technology Industry Council (ITI), a global trade group that represents major tech companies including Google and Microsoft, is calling for last-minute changes to the Reforming Intelligence and Securing America Act (RISAA), which could get a final vote in the Senate on Friday. The bill's primary purpose is to extend Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows U.S. intelligence agencies to scoop up communications between Americans and individuals abroad.

But the bill also includes a provision that "vastly expands the U.S. government's warrantless surveillance capabilities, damaging the competitiveness of U.S. technology companies large and small, and arguably imperiling the continued global free flow of data between the U.S. and its allies," the ITI said in a statement this week.

As Reason reported in December, that provision means that nearly any business or entity with access to telecom or internet equipment could be forced to participate in the federal government's digital spying regime. The big target, as Wired noted this week, is likely to be the owners and operators of data centers.

Under the current FISA law, Section 702 only applies to telecommunications companies and internet service providers. But the amendment included in the RISAA would expand that definition to cover "any service provider" with "access to equipment that is being or may be used to transmit or store" electronic communications.

"The practical impact of the revised definition is significant and means any company, vendor, or any of their employees who touch the physical infrastructure of the internet could now be swept under FISA's scope and compelled to assist with FISA surveillance," the ITI warns. "If this amendment were to become law, any electronic communications service equipment provider or others with access to that equipment, including their employees or the employees of their service providers, would be subject to compelled FISA disclosure or assistance."

In short, even someone like a custodian could be legally compelled to assist in the federal government's spying efforts.

Marc Zwillinger, an attorney who has experience arguing before the Foreign Intelligence Surveillance Court (FISC), wrote this week on his personal blog that the RISAA would "permit the government to compel the assistance of a wide range of additional entities and persons in conducting surveillance under FISA 702."

The newest version is less broad than what was initially proposed in December—for example, gathering places like hotels and coffee shops have been specifically excluded from the law. But, as Zwillinger writes, the revised definition would cover "the owners and operators of facilities that house equipment used to store or carry data, such as data centers and buildings owned by commercial landlords, who merely have access to communications equipment in their physical space," as well as "other persons with access to such facilities and equipment, including delivery personnel, cleaning contractors, and utility providers."

Because newsrooms and other places where journalists work are not specifically exempted, some First Amendment groups are also worried about how the expansion of digital spying authority could affect journalism.

"This bill would basically allow the government to institute a spy draft," Seth Stern, director of advocacy at Freedom of the Press Foundation (FPF), said in a statement on Thursday. "If this bill becomes law, sources will rightly suspect that American newsrooms are bugged by the government. And journalists won't be able to reassure them that they're not, because, for all they know, the building maintenance worker is an involuntary government spy."

The reactions from tech companies, legal experts, and free press advocates come on the heels of objections raised by various civil libertarian groups. As Reason's J.D. Tuccille covered earlier this week, some opponents of the FISA reauthorization bill have taken to calling it "the 'Everyone Is a Spy' provision, since potentially anybody with access to a laptop or WiFi router could be compelled to help the government conduct surveillance."

If the RISAA is approved by the Senate on Friday, as expected, and signed by President Joe Biden, Americans will have little recourse except to hope that the Justice Department is telling the truth when it says it won't use the broad authority contained in the bill. In a letter to senators on Thursday, Attorney General Merrick Garland wrote that his department "commits to applying" the new definition of electronic communications service providers in a narrow fashion. "The number of technology companies" covered by the new provision, he wrote, "is extremely small."

Of course, anyone with a working knowledge of the history of federal surveillance programs—or any government initiative, for that matter—is probably right to be skeptical of that assurance.

"Even if the bill is intended to target data centers, it doesn't say that," Stern said in a statement. "And, even if one trusts the Biden administration to honor its pinky swears, they're not binding on any future administrations."

The post How the FISA Reauthorization Bill Could Force Maintenance Workers and Custodians To Become Government Spies appeared first on Reason.com.

At press time, the U.S. Senate is debating whether to not only renew the U.S. government's spying powers under Section 702 of the Foreign Intelligence Surveillance Act (FISA) but dramatically expand them. That's because the House, in reauthorizing the expiring powers last week after an extended battle, adopted language that broadens the definition of those who can be forced to help the government snoop. That leaves the Senate as the last check on already controversial legislation that just became more dangerous before it's signed by a president eager to exercise its power.

Unchecked Surveillance Authority

"The legislation coming from the House gives the government unchecked authority to order millions of Americans to spy on behalf of the government," warns Sen. Ron Wyden (D–Ore.). "Under current law—section 702 of the Foreign Intelligence Surveillance Act—the government can order the telephone companies and email and internet service providers to hand over communications. This bill expands that power dramatically. It says that the government can force cooperation from, quote, 'any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications.'"

The problem, point out privacy advocates, is that even before the House of Representatives debated the provisions of the Reforming Intelligence and Securing America Act (RISAA)—rejecting (on a tie vote) a requirement that government agents get a warrant before searching records about Americans, and ultimately settling on a two-year renewal of surveillance powers—members of the House Intelligence Committee inserted new and troubling language.

Their intention, according to Charlie Savage of The New York Times, was to clarify that cloud-computing data centers must cooperate with government spooks. But that's not what they confined themselves to in their changes to the text. As Wyden emphasizes, the bill now broadly applies to service providers with access to communication equipment. After much protest, exceptions were written in for hotels, restaurants, dwellings, and community centers. But everybody else is subject to the law.

Everyone Is a Spy

"An enormous range of businesses would still be fair game," protests a coalition of privacy, civil liberties, and civil rights groups in a letter to Senate leadership from both parties, "including grocery stores, department stores, hardware stores, laundromats, barber shops, fitness centers, and—perhaps most disturbingly—commercial landlords that rent out the office space where tens of millions of Americans go to work every day, including news media headquarters, political campaign offices, advocacy and grassroots organizations, lobbying firms, and law offices."

The coalition, which includes groups of widely varying political views, refers to this language as the "Everyone Is a Spy" provision, since potentially anybody with access to a laptop or WiFi router could be compelled to help the government conduct surveillance. Given how broadly the word access can be defined, that might even include cable installers, repairmen, and house cleaners.

"If this became law, millions of American small business owners would have a legal obligation to hand over data that runs through their equipment," caution former Rep. Bob Goodlatte (R–Va.) and former Sen. Mark Udall (D–Colo.), both now with the Project for Privacy and Surveillance Accountability. "And when they're done with doing their part in mass surveillance, these small businesses would then be placed under a gag order to hide their activities from their customers."

RISAA's Section 702 reauthorization is pending in the Senate, though the White House is pushing lawmakers "to swiftly pass this bill before the authority expires on April 19," so abuses of the new language are hypothetical. But it's a fact that the law's existing surveillance power, without the broadened scope of the "Everyone Is a Spy" provision, has already been misused against a great many Americans.

Surveillance Abuse Under Existing Law

In 2023, the House Judiciary Committee held two hearings to examine "the FBI's abuses of its Foreign Intelligence Surveillance Act (FISA) authorities." Declassified documents offered glimpses of misuses of surveillance power including FBI spying on a U.S. senator, a state lawmaker, and a judge.

"Section 702 poses significant privacy and civil liberties risks, most notably from U.S. person queries and batch queries" in which multiple search terms are run through the system as part of a single action, according to a report published last September by the federal Privacy and Civil Liberties Oversight Board (PCLOB). That report revealed that roughly three million queries on Americans were run just in 2021.

"Significant privacy and civil liberties risks also include the scope of permissible targeting," added the PCLOB review.

If the scope of permissible targeting is already risky, expanding the law's language to compel cooperation from "any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications" would seem to dramatically compound the risks.

Government Itself Is a Threat

"No democracy should give its government the Orwellian power contained in the House bill," cautions Elizabeth Goitein of the Brennan Center for Justice at NYU Law. "The Senate must take the time it needs to get this right, or our democracy will pay the price."

Fortunately, Ron Wyden isn't the Senate's only skeptic when it comes to Section 702 and domestic surveillance. Sen. Rand Paul (R–Ky.) opposed extending the law even before its language was broadened to include the "Everyone Is a Spy" provision.

"Using 702, Americans' communications content and metadata is inevitably swept up and kept in government databases without a warrant. Law enforcement agencies then access Americans' communications without a warrant," Paul warned in December. "Those who make the lazy and predictable argument that government is your only shield from threats always fail to mention that government itself often is the threat."

Civil libertarians were right about the dangers of Section 702 before it was amended to apply to landlords and cable installers. Last year's House hearings demonstrated that the law's power has already been abused by government officials. There's no reason to believe they'll be more restrained in their snooping when the law is less so.

The post Revised Section 702 Surveillance Authority Poses More Danger Than Ever appeared first on Reason.com.

Just 15 percent of Americans approve of the job Congress is doing. But why is it broken and how do we fix it? Those are just two of the questions that Reason's Nick Gillespie asked Justin Amash, the former five-term congressman from Michigan who is currently exploring a Senate run.

Elected as part of the Tea Party wave in 2010, Amash helped create the House Freedom Caucus but became an increasingly lonely, principled voice for limiting the size, scope, and spending of the federal government. After voting to impeach Donald Trump, he resigned from the GOP, became an independent, and then joined the Libertarian Party in 2020, making him the only Libertarian to serve in Congress.

They talked about the 2024 presidential election and the country's political and cultural polarization that seems to be growing with every passing day. And about how his parents' experiences as a Christian refugee from Palestine and an immigrant from Syria inform his views on foreign policy, entrepreneurship, and American exceptionalism.

This Q&A took place on the final day of LibertyCon, the annual event for Students for Liberty that took place recently in Washington, D.C.

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Watch the full video here and find a condensed transcript below.

Nick Gillespie: Why is Congress broken and how do we fix that?

Justin Amash: We can take up the whole 30 minutes talking about that if we wanted to. We don't know exactly how Congress got to where it is, but today it is highly centralized, where a few people at the top control everything. And that has a lot of negative consequences for our country. Among them is that the president has an unbelievable amount of power because the president now only has to negotiate with really a few people. You have to negotiate with the speaker of the House. You have to negotiate with the Senate majority leader and maybe some of the minority leaders. But it's really a small subset of people that you have to negotiate with. And when that happens, it gives the president so much leverage. 

So when we talk about things like going to war without authorization, as long as the speaker of the House isn't going to hold the president accountable and the Senate majority leader is not going to, the president is just going to do what he wants to do. And when it comes to spending, as long as the president only has to negotiate with a couple of people, the president's going to do whatever the president wants to do. So it's super easy in the system for the president to essentially bully Congress and dictate the outcomes. 

But there's a deeper problem with all of this, which is that representative government is supposed to be a discovery process. You elect people to represent you. You send them to Washington, and then the outcomes are supposed to be discovered by these representatives through discussions and debates, and the introduction of legislation, and amendments. You're supposed to have lots of votes, where the votes freely reflect your will representing the people back home. But instead, in Congress today, a few leaders are deciding what the final product is and then they're not bringing it to the floor until they know they have the votes. So there's no actual discovery process. Nancy Pelosi used to brag about this; she wouldn't bring a bill to the floor unless she knew it was going to pass. Which is the opposite of how Congress should work.

Gillespie: What are some of the ways to decentralize power within Congress? When you were in Congress, you founded the Freedom Caucus, which was supposed to be kind of a redoubt of people who believed in limited government and libertarian and conservative principles and actually even some liberal principles, but decentralizing authority. You got kicked out of the Freedom Caucus, right?

Amash: Well, I resigned from it.

Gillespie: Well, you were asked to leave. The police sirens were coming, and it's like, "Hey, you know what? I'm going to go," right? But even places like that, that were explicitly designed to act as a countervailing force to this unified Congress, how can that happen? What can you do or what can somebody do to make that happen?

Amash: Well, it does take people with strong will. I think that when we go to vote for our elected officials, when you go to vote for a representative, when you go to vote for a senator, you have to know that that person is willing to stand up to the leadership team. And if that person's not willing to break from the leadership team on a consistent basis—and this doesn't mean they have to be mean or anything like that; it just means that they have to be independent enough where you know they're willing to break from their leadership team. If they're not willing to do that, it doesn't matter how much they agree with you on the issues, don't vote for them because that person is going to sell out. There's no chance they're going to stand up for you when it counts. I think you need to have people who have a strong will, who are going to go there and actually represent you and are willing to stand up to the leaders.

Gillespie: If you are interested in Congressman Amash's commentary on contemporary issues, go to his substack Justin Amash. The tagline is: "A former congressman spills on Congress and makes the practical case for the principles of liberty." It's a great read, particularly on issues you mentioned.

Can you tell us how you discovered libertarian ideas? You got elected in 2010, which was a wave election. It was part of the Tea Party reaction to eight years of Bush, and more problems during the financial crisis and the reaction of the government to that. Where did you first encounter the ideas of liberty, and how did that motivate you to get into Congress?

Amash: The ideas of liberty are something that have been with me since I was a child. It's hard to pinpoint exactly where they came from. I think they came from my parents' immigrant experience, coming to the United States. My dad came here as a refugee from Palestine. He was born in Palestine in 1940. And when the state of Israel was created in '48, he became a refugee. My mom is a Syrian immigrant. 

When my parents came here, they weren't wealthy. My dad was a very poor refugee. He was so poor that the Palestinians made fun of him. So that's really poor. When he came here, he didn't have much, but he felt he had an opportunity. He felt he had a chance to start a new life, a chance to make it, even though he came from a different background from a lot of people, even though his English wasn't great compared to a lot of people. So he came here and he worked hard, and he built a business. When we were young, he used to tell us that America is the greatest place on earth, where someone can come here as a refugee like he did and start a new life and have the chance to be successful. It doesn't matter what your background is. It doesn't matter what obstacles you face. You have a chance here and you don't have that chance in so many places around the world. 

I think that's where that spirit of liberty came from. It was from my dad's experience especially, my mom as well, coming here as a young immigrant. So I was always a little bit anti-authoritarian as a child. I rebelled against teachers at times. I didn't like arbitrary authority, let's put it that way. When someone would just make up a rule, like this is the rule, "I just say so/" Well, tell me why. 

Gillespie: Have you rethought that as a parent?

Amash: No, I mean, I let my kids think very freely.

Gillespie: As long as they follow the rules.

Amash: I don't mind when they are a little bit rebellious. I think it doesn't hurt for kids to have some independence. I encourage them to challenge their teachers, even when they think the teacher is wrong about something. I think that it's a good thing for people to go out there and not just accept everything as it is.

Gillespie: You famously, as a congressman, explained all of your votes on Facebook, which is a rare concession by authority to say, okay, this is why I did what I did.

Amash: Yeah. Actually, a lot of the people in leadership and in Congress didn't like that I was doing that because I was giving people at home the power to challenge them. Instead of just being told this is the way it is, now I was revealing what was going on.

Gillespie: You grew up in Michigan. You went to the University of Michigan as an undergrad and for law school. Was it there that you started coming across names like Hayek, and Mises, and Friedman, Rand, and Rothbard?

Amash: Not really, no. My background is in economics, my degree is in economics. I did well in economics at Michigan, but we sure didn't study Austrian economics. We didn't study Hayek. I think he might have been mentioned in one class. Very briefly he was mentioned, like there was one day where he was mentioned. But I'd say that what happened is, as I went through my economics degree, and then I got a law degree at Michigan as well, I started to realize that I had a lot of differences from other people who were otherwise aligned with me. I was a Republican. I aligned with them on a lot of things, but there were a number of issues where we didn't align— some of the foreign policy issues, but certainly a lot of civil liberties issues. 

I started to wonder, what am I? What's going on here? I just thought of myself as a Republican, and I would read the platform and hear what they're saying. They believe in limited government, economic freedom, and individual liberty. 

But when push came to shove on a lot of issues, they didn't believe those things. They'd say they believe those things, but they didn't. I've told this story before, I just typed some of my views into a Google search, and up popped Hayek's Wikipedia page. Literally, it was like the top thing on Google. So I clicked on that, started reading about them, and I was already in my mid-20s at this time. And I was like, yes, this is what I believe.

Gillespie: It is interesting because you would have been coming of age during a time when the Republicans were ascendant. But they were the war party. And we were told after 9/11 that you should not speak freely. That was kind of a problem, right?

Amash: Yeah, sure. Throughout my life, I believed in freedom of speech, freedom of thought, and freedom of expression. These are critical values. Maybe they're the essence of everything that makes this country work. The idea that we come from a lot of places—there's an incredible amount of diversity in the United States. I think diversity is always treated or often treated like a bad word these days. But it's a blessing to our country that we have people who come from so many backgrounds. Actually, the principle of liberty is about utilizing that diversity.

It's in centrally planned systems where diversity is not utilized, where someone at the top dictates to everyone else and doesn't take advantage of any of the diversity. They say no, a few of us at the top, we know everything. It doesn't matter. All of your backgrounds, all of your skills, all of your talents, that doesn't matter. What matters is we've got a few people in a room somewhere, and they're going to decide everything. And they know best because they're experts.

Gillespie: You came into office in 2011, and it seemed like there was a real libertarian insurgency within the Republican Party. But more nationally in discourse, people were tired of continued centralization, and government secrecy—famously, a lot of Bush's activities and particularly war spending early on was done in supplemental and emergency preparations, not really open to full discussions.

All of the stuff coming out of the Patriot Act, somebody like Dick Cheney kind of saying we're in control. But then Obama also promised the most transparent administration ever and plainly did not deliver on that. 

That energy pushing back on centralization and government power and government secrecy that helped bring you and other people like you to Congress seems to have dissipated. Do you agree with that? And if so, what took that away?

Amash: Yeah, I agree with that. When I was running for office, both for State House in 2009 and when I got to Congress in 2011, there was a lot of energy behind a limited government, libertarian-ish republicanism. I felt like libertarianism was really rising. There was a chance for libertarian ideals to get a lot of traction. A lot of people who used to be more like Bush conservatives were coming around to the libertarian way. 

I felt really good about where things were heading. And for the first, I'd say three or four years that I was in Congress, I felt like we continued to move in the right direction. The creation of the Freedom Caucus was kind of a dream of bringing people together to challenge the leadership. They weren't all libertarians or anything like that. There are a few who are libertarian-leaning, but the idea that a group of Republican members—it wasn't determined that it was going to be only Republicans, but it ended up being Republicans—got together and said, "Hey, we're going to challenge the status quo. We're going to challenge the establishment." That was kind of a dream that had come together. 

Then when Donald Trump came on the scene, I think a lot of that just fell apart because he's such a strong personality and character, and had so much hold over a lot of the public, especially on the Republican side, that it was very hard for my colleagues to be able to challenge him. 

Gillespie: What's the essential appeal of Trump? Is it his personality? Is that that he said he could win and he ended up doing that at least once? Is it a cult of personality? What's the core of his appeal to you?

Amash: I think he is definitely a unique character. He has a certain charisma that is probably unmatched in politics. I don't think I've ever seen someone who campaigns as effectively as he does. It doesn't mean you have to agree with all of the ethics of what he does or any of that, or the substance. 

Gillespie: To keep it in Michigan, he's a rock star. He's Iggy Pop. You may not like what he's doing on the stage, but you can't take your eyes off it.

Amash: That's right. He holds court. When he's out there, people pay attention. He really understands the essence of campaigning, and how to win a campaign. He understands how to effectively go after opponents. Now, again, I'm not saying that all of these things are necessarily ethical or that other people should do the same things, but he really understands how to lead a populist movement. 

Gillespie: How important do you think in his appeal is a politics of resentment, that somehow he is going to get back what was taken from you?

Amash: The whole Make America Great Again, there's a whole idea there of "someone is destroying your life, and I'm going to get it back for you." That's a very powerful thing to a lot of people. For a lot of people out there, it is more important to get back at others than necessarily to have some kind of vision of how this is all going to work going forward. It's not appealing to me because I understand, we live in one country. We have people of all sorts of backgrounds. And if you're going to persuade people, you have to be able to live with them and work with them, regardless of your differences. It doesn't mean that you can't be upset, be angry about what some other people are doing or saying. But there has to be an effort to live together here as one country. We have too much in common in this country.

Gillespie: Michigan was a massive swing state when he won the election. You voted to impeach Donald Trump. What went into that calculation? What was the reaction like to that? That's a profile in courage.

Amash: Well, I don't think that's my most courageous vote, not even by a long shot. 

Gillespie: What was? Naming the post office after your father?

Amash: I didn't name any post offices after my father, to be clear. I think that the courageous votes are the ones where everyone is against you. And I don't mean just one party. It's one thing to vote for impeachment and half the country loves what you did and half the country doesn't like what you did. That's, in my mind, not that challenging or difficult. It's when you take a vote and you know that 99 percent of the public is going to misconstrue this, misunderstand it, be against it. The vote is going to be something like 433 to 1 in the House or something like that. Those are the tough votes. And there are plenty of those votes out there, where you're taking a principled stand and you're doing it to protect people's rights. But it's not the typical narrative. 

Gillespie: Is there an example that, in your legislative record, you would put forth for that?

Amash: One of the ones I've talked about before is, they tried to pass some anti-lynching legislation at the federal level and everyone's against lynching, obviously, but the legislation itself was bad and would actually harm a lot of people, including harming a lot of black Americans. There was this idea that this legislation was good and parroted by a lot of people in the media. They didn't read the legislation. In fact, I complained about it and it mysteriously did not pass both houses of Congress after I pointed out all the problems with it. It did pass the House of Representatives. Did not pass both Houses and get signed by the president. Mysteriously, the next Congress, they reintroduced it and rewrote it in a way that took into consideration all of my complaints, and they tried to pass it off like they were just reintroducing the same legislation. I pointed out: They actually saw that there was a problem here and then tried to pretend like, "Oh, we're just passing it again." Those kinds of votes are tough because when you take the vote, everyone thinks you're wrong. Everyone. And you have to go home and you have to explain it. Those are the ones that are tricky. 

Back to the impeachment point. Look, I'd impeach every president. Let's be clear. I'm not the kind of person who's going to introduce impeachment legislation over every little thing that a president does wrong. When you introduce legislation to impeach a president, you have to have some backing for it. It can't just be one person saying, let's impeach. 

For example, I would definitely impeach President Biden over these unconstitutional wars 100 percent. But the idea of introducing impeachment legislation suggests there's other people who will join you. Otherwise, it's just an exercise in futility. You introduce it. It doesn't go anywhere. It just sits there. If we're going to impeach people, there has to be some public backing, which is why I try to make the case all the time for these impeachable offenses, why some legislation should be brought forth. But you've got to get the public behind you on that kind of stuff. I think that every president should be impeached, every recent president at least. 

Gillespie: If Trump's populism, national conservatism, and politics of resentment are sucking up a lot of energy on the right, how do we deal with the rise of identity politics and a kind of woke progressivism on the left? Where is that coming from? And what is the best way to combat that?

Amash: I think a lot of it is just repackaged socialist ideas, collectivist ideas. The idea of equity, for example, is really like a perversion of the idea of equality. In most respects, when people say equity, they mean the opposite of equality. It means you're going to have the government or some central authority decide what the outcomes should be, how much each person should have, rather than some system of equality before the law, where the government is not some kind of arbiter of who deserves what. When you think about it, there is no way for the government to do this. There's no way for the government to properly assess all of our lives. This is in many ways the point of diversity: we're all so different. There's no way that a central authority can decide how to manage all that. 

For many of the people on the woke left who say they care about diversity, they don't care about diversity if they're talking about equity. These things are in conflict with each other. The idea that you're going to decide that someone is more deserving than another based on some superficial characteristics. As an example—I've talked about this and I've talked about this earlier in this conversation—my dad came here with nothing as a poor refugee. Yet, in a lot of cases, he might be classified as just a white American. Even though he came here as an extremely poor Palestinian refugee. The New York Times, for example, classifies me as white. They might classify someone else who's Middle Eastern as a person of color.

I think a lot of this is just, someone is making decisions at the top saying, "Well, we think this person is more like this or that, and we're going to decide they're more deserving." But they don't know our backgrounds. They don't know anything about us. They don't know who deserves this or who deserves that. No central authority could figure that out. The best thing we can do is have a system of equality before the law, where the law treats everyone the same. It doesn't give an advantage to any person over another person. It may not be fair in some sense to some people. Some people might say, "well, that's not fair." 

Some people, instead of having a dad who's a Palestinian refugee, their dad was some Silicon Valley billionaire. Some person might have a dad who was a professor. Another person might have a dad who worked at a fast-food restaurant. You don't know what the differences are. The government can't figure all of this out and say who is more deserving than someone else. So I really think that the woke left, when they pushed this idea of equity, they're really pushing against diversity. They're saying, a few people at the top are gonna decide who's valuable and who's not valuable, and they're not going to actually take into consideration any of our differences, because no central authority could take it into consideration.

Gillespie: You are a libertarian, not an anarchist. You believe there is a role for government, but it should be obviously much more limited. You are also an Orthodox Christian. Could you talk a little bit about how in a world of limited government, a libertarian world, the government wouldn't be doing everything for everybody, but placing organizations and institutions like the church or other types of intervening, countervailing, mediating institutions would help to fill the gaps that are left by the government?

Amash: The place for these organizations is to help society, not to have government deciding it. When you have some central authority deciding it, you are really limiting the opportunities for the public. You're limiting the opportunities for assisting people. You're deciding that a few people are going to make all the decisions, rather than having a lot of organizations and a lot of individuals making decisions. 

When you centralize it all, there are a lot of people who are going to be missed, a lot of people who are going to be ignored. When you let the marketplace work this out, when you let private organizations work this out, there is a lot more opportunity for people who need help to get help. I think that's really important.

Gillespie: There was a libertarian wave—I like to call it a libertarian moment—which I think we're still living in, but we don't understand, rhetoric aside. What are the best ways to get libertarian ideas and sensibilities in front of young people, to really energize Gen Z? The world is getting young again. How do we make sure that these people are hearing and understanding and maybe being persuaded by libertarian ideas?

Amash: For one thing, we have to meet them where they are. I spend a lot of time, for example, asking my kids, which social media kids use these days? They're in a lot of places that the adults aren't. We might be on Facebook—I mean, my generation, your generation. Other people are on X or Twitter. And there are other people on TikTok. 

You have to meet them where they are and if they're not on X and—it's still weird to call it X—if they're not on X and you are, well, they're not hearing your message. That's an issue. That's something we all have to work on. I'm probably reaching primarily Gen X and millennial people on X, and I'm probably not reaching Gen Z people as well. I think we need to work on getting them in those places.

Also, I think people who have libertarian instincts, people who want to present libertarianism and have an opportunity, go speak to students at schools. I used to do this as a member of Congress. I used that opportunity as much as I could. When schools would invite me, I'd say, "Yes, I'd be happy to come to the school to speak to the students" and take all their questions and be open about being a libertarian. Tell them frankly that your philosophy is libertarianism and talk to them about it. I think it's great. A lot of teachers end up surprised. I've had many teachers walk up to me and whisper to me, "I think I'm a libertarian, too," after having the conversation because they have stereotypes about what it might mean to be a libertarian and you have the opportunity to change their mind.

Gillespie: I have seen a lot of chatter. I have actually helped publish a lot of chatter that you may be running for the U.S. Senate from the mediocre state of Michigan. Do you have an announcement that you would like to make?

Amash: As a part of the national championship-winning state of Michigan this year, I am exploring a run for Senate. The [Federal Election Commission] FEC requires me to state that I am not a candidate for Senate, but I am exploring a run for Senate. 

If you're interested in checking it out, go to https://exploratory.justinamash.com/. I'm giving it serious thought. I think that there is an opportunity for libertarians this year, and there's an opportunity to win a Republican Senate seat this year. So I'm looking at the Republican primary. I think this is probably the best shot libertarians have had in a long time in the state of Michigan.

This interview has been condensed and edited for style and clarity.

Photo Credits: Bill Clark/CQ Roll Call/Newscom; BONNIE CASH/UPI/Newscom

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• Audio Production: Ian Keyser
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• Cameras: Students For Liberty

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