Bill Summary: S 3918 - Surveillance Transparency Act
Bill Overview
This bill, titled the "Surveillance Transparency Act", aims to reform the use of criminal surveillance orders and require eventual notice to targets of such orders. The key goals of the legislation are to increase transparency around government surveillance activities and establish additional safeguards for individual privacy.
Key Provisions
The main provisions of the Surveillance Transparency Act include:
Mandatory Notice to Surveillance Targets: The bill would require that individuals targeted by criminal surveillance orders (such as wiretaps or electronic monitoring) be provided notice of the order within a specified time period, unless a court grants an extension to delay the notice.
Limits on Non-Disclosure Orders: The legislation would reform the use of non-disclosure orders that prohibit service providers from notifying customers about government demands for their data. The bill would restrict the duration of these non-disclosure orders and establish a process for providers to challenge them.
Restrictions on Sealing of Surveillance Orders: The bill would prohibit the indefinite sealing of criminal surveillance orders and require periodic public disclosure of these orders, with appropriate redactions to protect sensitive information.
Transparency Reporting: The legislation would mandate increased reporting and transparency by the government on the use of criminal surveillance authorities, including the number of orders issued and targets notified.
Potential Impact
If enacted, the Surveillance Transparency Act could have several important impacts:
- Increased oversight and accountability for government surveillance activities
- Greater protections for individual privacy and due process rights
- More transparency around the use of investigative tools like wiretaps and electronic monitoring
- Potential challenges to the scope and duration of non-disclosure orders issued to service providers
The bill aims to strike a balance between national security needs and civil liberties, by ensuring that surveillance targets are eventually notified and that the use of these authorities is subject to more public scrutiny.
