Accessing People’s Browser History Is Almost Like Spying on Their Thoughts

[Commentary] The week of July 4, we objected to the Senate moving forward on the 2017 Intelligence Authorization bill. 

We are concerned that this bill would undermine a federal board that serves as an independent watchdog for intelligence agencies. We are even more concerned that this bill includes an unnecessary, sprawling expansion of the FBI’s ability to spy on what websites Americans visit and who they talk to on e-mail or in text messages and chats—all without obtaining a warrant, or any court oversight whatsoever.
 Given what web browsing history can reveal, there is little information that could be more intimate.

If you know that a person is visiting the website of a mental health professional, or a substance-abuse support group, or a particular political organization, or a particular dating site, you know a tremendous amount of private and personal information about him or her. That’s what you get when you can get access to their web browsing history without a court order.

The reality is that getting access to people’s web browsing history is almost like spying on their thoughts. This level of surveillance absolutely ought to come with court oversight. Yet a number of senators are moving to go in the opposite direction.

The annual intelligence bill would let any FBI field office issue something called a National Security Letter to demand this information. These letters are essentially administrative subpoenas and often come with gag order. Allowing government agents to see Americans’ web browsing history without court oversight is a half-baked solution that won’t make our country any safer, and the American people deserve better.