The Illusion of NSA Restrictions

A little reported amendment by Rep. Pompeo to the Defense Appropriations Bill that claims to limit NSA surveillance of US citizens passed in the House 409-12 last Thursday. It is a scaled down alternative to the high profile amendment by Rep. Amash that failed 205-207 the day before. It appears to restrict the NSA, but closer examination reveals holes large enough to render it meaningless.

Here is the phrasing of Pompeo's amendment:

None of the funds made available by this Act may be used by the National Security Agency to–

(1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978.
 
Contrary to Part 1's appearance, it does not restrict the NSA from collecting and storing data on Americans or from targeting them. It only restricts one source of "funding" if it is both "for the purpose of targeting a US person" and being authorized under "section 702 of the Foreign Intelligence Surveillance Act of 1978". The NSA may continue,

1. using other funds to monitor and target Americans,
2. using Defense funds to monitor and target Americans if other acts or secret executive orders authorize it,
3. using Defense funds to target Americans with data collected by other agencies or by other nations (as is widely reported)
4. using Defense funds to collect and store data on Americans for the purpose of targeting foreigners here then later targeting Americans with it,
5. using Defense funds to target Americans with data that it has already collected and stored.

Similarly, Part 2 does not restrict the NSA from collecting and storing the content of Americans' electronic communications. It may continue,

1. using other funds to collect American's electronic communications,
2. using Defense funds to monitor Americans' communications if other acts or secret executive orders authorize it,
3. using Defense funds to monitor Americans' communication "records", just not content,
4. using Defense funds to monitor Americans' communications that are collected and stored by other agencies such as the FBI and IRS or by other nations.

Clearly this stop nothing. The Pompeo Amendment's only value is to sabotage momentum to reign in the NSA or to let Congress claim that they did.