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House passes bill requiring warrant to purchase data from third parties
The House on Wednesday approved a bill that would limit how the government can purchase data from third parties — legislation that scored a vote after negotiations with a group of GOP colleagues who briefly tanked a vote on warrantless spy powers.
Dubbed the Fourth Amendment is Not For Sale, the legislation passed 219-199. It requires law enforcement and other government entities to get a warrant before buying information from third-party data brokers who purchase information gleaned from apps.
Division over the bill forged familiar fault lines to those seen in the debate over Section 702 of the Foreign Intelligence Surveillance Act (FISA), linking both conservatives and progressives who want greater privacy protections and pitting them against members from both parties who fear such protections could undercut an important law enforcement tool.
Those in favor of the bill argue the government should have to get a warrant before buying the commercially available information to carry out law enforcement activities.
“If the government wants to track a suspect today, they could go through the trouble of establishing probable cause and getting a warrant. Or federal law enforcement could simply purchase data from a third party about the target of their operation,” House Judiciary ranking member Jerry Nadler (D-N.Y.), a co-sponsor of the bill, said during debate.
“If that purchased data included location data for their subject, they would have no need for checks and balances, no need for a warrant, and during an ensuing criminal trial, no obligation even to tell the court how they obtained the initial data in the first place.”
“We have the Fourth Amendment for a reason,” Nadler continued. “If law enforcement wants to gather information about you, they should first obtain a warrant.”
Rep. Warren Davidson (R-Ohio), the sponsor of the bill, pegged it as a reinforcement of Fourth Amendment protections against unreasonable searches and seizures.
“The reality is the technology today effectively puts the government everywhere we go. We all essentially have a digital ID, a phone number. And we carry it with us. It’s tracked. It goes to your car. Your car spies on you as well. This data is being collected,” he said.
“Nothing in this bill would prohibit a search paid for or otherwise of public information. It would, however, restore privacy protections, grossly infringed by current practices.”
Still, it garnered pushback from House Intelligence Committee members, the White House and voices in the law enforcement community.
“It generally would prohibit the intelligence community and law enforcement from obtaining certain commercially available information — subject only to narrow, unworkable exceptions. It does not affect the ability of foreign adversaries or the private sector to obtain and use the same information, thus negating any privacy benefit to U.S. persons while threatening America’s national security,” the White House wrote in a statement of administrative policy.
“Responsible access to, and use of, commercially available information is critical to scores of vital missions carried out on behalf of the American people.”
House Intelligence Chair Mike Turner (R-Ohio) argued the bill was poorly written, with broad language and few exceptions.
“The bill bans law enforcement from paying for information available to any willing buyer in all contexts. There is no exception. Zero. There is no exception to even allow law enforcement to pay for stolen information to investigate and solve identity theft, data theft, data breaches, ransomware attacks. The bill will not make people safer,” he said.
The bill was a top priority of GOP privacy hawks in the House, who negotiated a stand-alone vote for the legislation after failing to attach it to the broader legislation reauthorizing FISA 702.
But Rep. Jim Himes (D-Conn.), ahead of its separation from FISA 702, said the fast-tracking of the bill left for little consideration of something that would have sweeping consequences.
“What are we going to do? We’re going to prohibit the CIA from buying data without ever having a hearing in Intel?” Himes said last week before it was clear the provision would get its own vote on the House floor.
“It’s very saddening because it’s a super interesting topic. We probably should regulate it maybe more than we are today. But it just should not be brought out of nowhere.”
Senior administration officials said the measure would blind U.S. intelligence outfits from getting information easily purchased by foreign intelligence operations.
“In practice, these standards make it impossible for the [intelligence community], law enforcement to acquire a whole host of readily available information that they currently rely on,” an administration official said.
“Covered customer records as defined in the bill is very broad and includes records pertaining to any U.S. person or indeed any foreigner inside the United States. And as a practical matter, there’s often no way to establish whether a particular individual was in the U.S. at a particular time a piece of data was created. Unless you did one thing, which is paradoxically to intrude further into their privacy just to figure out whether you could obtain some data.”
“It can be impossible to know what’s in a data set before one actually obtains a data set,” the official continued. “So you’d be barred from getting that which you don’t even know.”
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Trial begins for officer accused of failing to protect children during Uvalde shooting
Flowers and candles are placed around crosses to honor the victims killed in a school shooting, May 28, 2022, outside Robb Elementary School in Uvalde, Texas.
Jae C. Hong/AP
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CORPUS CHRISTI, Texas — One of the first police officers to respond to the 2022 school shooting in Uvalde, Texas, goes on trial Monday on charges that he failed to protect children during the attack, when authorities waited more than an hour to confront the gunman.
Adrian Gonzales, a former Uvalde schools officer, faces 29 counts of child abandonment or endangerment in a rare prosecution of an officer accused of not doing more to stop a crime and protect lives.
The teenage gunman killed 19 students and two teachers at Robb Elementary in one of deadliest school shootings in U.S. history.
Nearly 400 officers from state, local and federal law enforcement agencies responded to the school, but 77 minutes passed from the time authorities arrived until a tactical team breached the classroom and killed the shooter, Salvador Ramos. An investigation later showed that Ramos was obsessed with violence and notoriety in the months leading up to the attack.
Gonzales and former Uvalde schools police chief Pete Arredondo were among the first on the scene, and they are the only two officers to face criminal charges over the slow response. Arredondo’s trial has not yet been scheduled.
The charges against Gonzales carry up to two years in prison if he is convicted. The trial, which is expected to last up to three weeks, begins with jury selection.
Gonzales pleaded not guilty. His attorney has said Gonzales tried to save children that day.
Police and Texas Gov. Greg Abbott initially said swift law enforcement action killed Ramos and saved lives. But that version quickly unraveled as families described begging police to go into the building and 911 calls emerged from students pleading for help.
The indictment alleges Gonzales placed children in “imminent danger” of injury or death by failing to engage, distract or delay the shooter and by not following his active shooter training. The allegations also say he did not advance toward the gunfire despite hearing shots and being told where the shooter was.
State and federal reviews of the shooting cited cascading problems in law enforcement training, communication, leadership and technology, and questioned why officers waited so long.
According to the state review, Gonzales told investigators that once police realized there were students still sitting in other classrooms, he helped evacuate them.
Some family members of the victims have said more officers should be indicted.
“They all waited and allowed children and teachers to die,” said Velma Lisa Duran, whose sister Irma Garcia was one of the two teachers who were killed.
Prosecutors will likely face a high bar to win a conviction. Juries are often reluctant to convict law enforcement officers for inaction, as seen after the Parkland, Florida, school massacre in 2018.
Sheriff’s deputy Scot Peterson was charged with failing to confront the shooter in that attack. It was the first such prosecution in the U.S. for an on-campus shooting, and Peterson was acquitted by a jury in 2023.
At the request of Gonzales’ attorneys, the trial was moved about 200 miles (320 kilometers) southeast to Corpus Christi. They argued Gonzales could not receive a fair trial in Uvalde, and prosecutors did not object.
Uvalde, a town of 15,000, still has several prominent reminders of the shooting. Robb Elementary is closed but still stands, and a memorial of 21 crosses and flower sits near the school sign. Another memorial sits at the downtown plaza fountain, and murals depicting several victims can still be seen on the walls of several buildings.
Jesse Rizo, whose 9-year-old niece Jackie was one of the students killed, said even with three-hour drive to Corpus Christi, the family would like to have someone attend the trial every day.
“It’s important that the jury see that Jackie had a big, strong family,” Rizo said.
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Cuba says 32 Cuban fighters killed in US raids on Venezuela
Havana declares two days of mourning for the Cubans killed in US operation to abduct Nicolas Maduro.
Cuba has announced the death of 32 of its citizens during the United States military operation to abduct and detain Venezuelan President Nicolas Maduro and his wife in Caracas.
Havana said on Sunday that there would be two days of mourning on January 5 and 6 in honour of those killed and that funeral arrangements would be announced.
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The state-run Prensa Latina agency said the Cuban “fighters” were killed while “carrying out missions” on behalf of the country’s military, at the request of the Venezuelan government.
The agency said the slain Cubans “fell in direct combat against the attackers or as a result of the bombing of the facilities” after offering “fierce resistance”.
Cuba is a close ally of Venezuela’s government, and has sent military and police forces to assist in operations in the Latin American country for years.
Maduro and his wife have been flown to New York following the US operation to face prosecution on drug-related charges. The 63-year-old Venezuelan leader is due to appear in court on Monday.
He has previously denied criminal involvement.
Images of Maduro blindfolded and handcuffed by US forces have stunned Venezuelans.
Venezuelan Minister of Defence General Vladimir Padrino said on state television that the US attack killed soldiers, civilians and a “large part” of Maduro’s security detail “in cold blood”.
Venezuela’s armed forces have been activated to guarantee sovereignty, he said.
‘A lot of Cubans’ killed
US President Donald Trump, speaking to reporters on board Air Force One on Sunday, said that “there was a lot of death on the other side” during the raids.
He said that “a lot of Cubans” were killed and that there was “no death on our side”.
Trump went on to threaten Colombian President Gustavo Petro, saying that a US military operation in the country sounded “good” to him.
But he suggested that a US military intervention in Cuba is unlikely, because the island appears to be ready to fall on its own.
“Cuba is ready to fall. Cuba looks like it’s ready to fall. I don’t know how they, if they can, hold that, but Cuba now has no income. They got all of their income from Venezuela, from the Venezuelan oil,” Trump said.
“They’re not getting any of it. Cuba literally is ready to fall. And you have a lot of great Cuban Americans that are going to be very happy about this.”
The US attack on Venezuela marked the most controversial intervention in Latin America since the invasion of Panama 37 years ago.
The Trump administration has described Maduro’s abduction as a law-enforcement mission to force him to face US criminal charges filed in 2020, including “narco-terrorism” conspiracy.
But Trump also said that US oil companies needed “total access” to the country’s vast reserves and suggested that an influx of Venezuelan immigrants to the US also factored into the decision to abduct Maduro.
While many Western nations oppose Maduro, there were many calls for the US to respect international law, and questions arose over the legality of abducting a foreign head of state.
Left-leaning regional leaders, including those of Brazil, Colombia, Chile and Mexico, have largely denounced Maduro’s removal, while countries with right-wing governments, from Argentina to Ecuador, have largely welcomed it.
The United Nations Security Council plans to meet on Monday to discuss the attack. Russia and China, both major backers of Venezuela, have criticised the US.
Beijing on Sunday insisted that the safety of Maduro and his wife be a priority, and called on the US to “stop toppling the government of Venezuela”, calling the attack a “clear violation of international law“.
Moscow also said it was “extremely concerned” about the abduction of Maduro and his wife, and condemned what it called an “act of armed aggression” against Venezuela by the US.
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