Cornyn objects to passing S.2952, Stopping Mass Hacking Act
Senator Cornyn objected.
Unofficial transcript of the exchange below:
[ram]{13:07:20 NSP} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
- WYDEN: MR. PRESIDENT, I WILL SHORTLY --
[ram]{13:07:23 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATE IS IN A QUORUM CALL.
[ram]{13:07:25 NSP} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
- WYDEN: I ASK UNANIMOUS CONSENT TO VACATE THE QUORUM CALL.
[ram]{13:07:28 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION.
[ram]{13:07:33 NSP} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
- WYDEN: I WILL SHORTLY ASK UNANIMOUS CONSENT THAT THE SENATE
ONE SENTENCE LONG, COLLEAGUES. WHAT IT DOES IS SIMPLE, BUT IN
MY VIEW, IT IS EXTRAORDINARILY IMPORTANT. IF THE SENATE DOES
NOTHING, IF THE SENATE FAILS TO ACT, WHAT'S AHEAD FOR AMERICANS
IS A MASSIVE EXPANSION OF GOVERNMENT HACKING AND SURVEILLANCE
[ram]{13:08:06} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
POWERS, AND IT WILL TAKE PLACE AUTOMATICALLY ON DECEMBER 1 OF
THIS YEAR. THE LEGISLATION THAT I SEEK TO PASS, THAT HAS BEEN
BIPARTISAN HERE IN THE SENATE, WOULD STOP THIS EXPANSION, THIS
AUTOMATIC EXPANSION OF GOVERNMENT HACKING AND SURVEILLANCE
POWERS. NOW I SAID IT BEFORE AND I WANT TO SAY IT AGAIN THIS
AFTERNOON. THERE IS NO QUESTION THAT IT IS A DANGEROUS WORLD
OUT THERE, AND I TAKE A BACK SEAT TO NONE WHEN IT COMES TO
[ram]{13:08:40} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
MAKING SURE THAT OUR LAW ENFORCEMENT AND INTELLIGENCE OFFICERS
HAVE THE TOOLS THAT THEY NEED TO KEEP AMERICA SAFE. IN FACT,
- PRESIDENT, I WAS ACTUALLY ABLE TO ADD THE SPECIFIC
WHEN THERE'S A THREAT. EMERGENCY POWERS SO THAT THE GOVERNMENT
COULD MOVE TO PROTECT THE AMERICAN PEOPLE AND COME BACK AND GET
[ram]{13:09:14} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
THE WARRANT LATER. BUT THAT'S NOT WHAT WE'RE TALKING ABOUT
HERE. WHAT WE'RE TALKING ABOUT HERE IS A STAGGERING EXPANSION
OF GOVERNMENT HACKING AND SURVEILLANCE AUTHORITY. THESE ARE
MAJOR CHANGES TO FEDERAL POLICY, MR. PRESIDENT, THAT ARE GOING
TO COME ABOUT THROUGH AMENDMENTS TO RULE 41 OF THE FEDERAL
RULES OF CRIMINAL PROCEDURE. SO THIS IS THE KIND OF MAJOR ISSUE
[ram]{13:09:51} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
THAT TRADITIONALLY COMES BEFORE THE JUDICIARY COMMITTEE. I SAY
TWO OF MY COLLEAGUES THAT I ENJOYED VERY MUCH WORKING WITH --
CHAIRMAN GRASSLEY IS HERE. SENATOR CORNYN, A MEMBER OF THE
JUDICIARY COMMITTEE, DISTINGUISHED MEMBER OF THE FINANCE
COMMITTEE. WE HAVE BIG POLICY ISSUES THAT COME BEFORE THE
FINANCE COMMITTEE, COME BEFORE THE JUDICIARY COMMITTEE. WE WORK
ON THEM. WE WORK ON THEM IN A BIPARTISAN FASHION. CHAIRMAN
HATCH AND I MEET EVERY WEDNESDAY AFTERNOON TO WORK ON THESE
[ram]{13:10:23} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
KINDS OF MATTERS. THAT'S NOT WHAT'S GOING TO GO ON HERE WITH
THIS MASSIVE EXPANSION OF GOVERNMENT HACKING AND SURVEILLANCE
AUTHORITY. THESE RULES ARE GOING INTO EFFECT, COLLEAGUES, ON
DECEMBER 1 IF THE CONGRESS DOES NOTHING. IF THE CONGRESS JUST
SAYS, GEE, WE'VE GOT OTHER THINGS TO DO, THESE RULES GO INTO
EFFECT. AND I GUARANTEE YOU, THERE ARE GOING TO BE MANY
AMERICANS THAT ARE GOING TO BE VERY UNHAPPY. AND THEY'RE GOING
TO ASK THEIR MEMBERS OF CONGRESS WHAT THEY DID TO STOP THIS
[ram]{13:10:55} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
ILLINOIS-ADVISED APPROACH. BY -- TO STOP THIS ILL ADVISED
APPROACH. IN THE OTHER BODY CONGRESSMAN SENSENBRENNER, THE
DISTINGUISHED CONGRESSMAN FROM WISCONSIN, IS VERY CONCERNED
ABOUT THIS ISSUE. SO THE AMERICAN PEOPLE WANT SECURITY AND
LIBERTY, BUT THESE AMENDMENTS DON'T GIVE THEM MUCH OF EITHER.
THIS MAJOR POLICY CHANGE IS GOING TO MAKE IT EASIER FOR THE
GOVERNMENT TO HACK IN TO THE PERSONAL DEVICES OF AMERICANS AND
COLLECT MORE INFORMATION ABOUT THEM. THEY'RE GOING TO DO IT BY
[ram]{13:11:33} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
USING COMPUTER PROGRAMS CALLED MALWARE. THE MALIN MY VIEW IS
LIKE -- THE MALL IN MY OPINION VIEW, IS LIKE MALEVOLENT, MAKE
US LESS SAFE, NOT MORE. IT COULD END UP DAMAGING NOT ONLY OUR
PERSONAL DEVICES BUT THE POWER GRID IN HOSPITALS AND NEARLY ANY
OTHER SYSTEM CONNECTED TO THE INTERNET. GET YOUR ARMS AROUND
THAT. HOSPITALS IN IOWA AND TEXAS AND OREGON BEING DAMAGED NOT
BECAUSE THE CONGRESS MADE A POLICY DECISION, BUT BECAUSE
[ram]{13:12:08} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
SOMETHING WAS DONE AUTOMATICALLY AS A RESULT OF A CHANGE IN THE
RULES OF CRIMINAL PROCEDURE. I JUST WANT TO SAY TO COLLEAGUES,
I THINK THERE ARE GOING TO BE A LOT OF UNHAPPY AMERICANS IF
THAT'S THE CASE. THE RULE CHANGE SAYS THE GOVERNMENT CAN SEARCH
POTENTIALLY MILLIONS OF COMPUTERS WITH ONE SINGLE WARRANT
ISSUED BY ONE SINGLE JUDGE. THERE IS NO DIFFERENCE IN TERMS OF
LAW ENFORCEMENT ACCESS BETWEEN THE VICTIMS OF A HACK AND THE
PERPETRATOR HIMSELF. THE CHANGES WILL MAKE PEOPLE THE VICTIMS
[ram]{13:12:42} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
TWICE OVER. ONCE BY A HACKER AND ONCE AGAIN BY THEIR
GOVERNMENT. YOU WOULDN'T PUNISH THE VICTIMS OF A TAX SCAM OR A
PONZI SCHEME WITH A PAINFUL AUDIT. IT JUST DOESN'T ADD UP. NOW
I UNDERSTAND THE PASSING LEGISLATION BY UNANIMOUS CONSENT IS A
DIFFICULT TASK. THESE DAYS YOU CAN HARDLY GET UNANIMOUS CONSENT
TO DRINK A SODA AT LUNCH TIME. BUT THIS ISN'T AN ISSUE WHERE
THE SENATE CAN DO SOME KIND OF OSTRICH ACT AND IGNORE THE
[ram]{13:13:17} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
PROBLEM. BY SITTING HERE AND DOING NOTHING THE SENATE WILL BE
GIVING CONSENT TO A SUBSTANTIAL EXPANSION OF GOVERNMENT HACKING
AND SURVEILLANCE AUTHORITY. BY NOT HACKING, THE SENATE WOULD
GIVE A STAMP OF APPROVAL ON A MAJOR POLICY CHANGE THAT HAS
RECEIVED NO HEARING, NO OVERSIGHT, NO DISCUSSION IN SPITE OF
THE FACT THAT SOME OF THE MOST IMPORTANT COMPANIES IN AMERICA,
MOST IMPORTANT COMPANIES IN AMERICA ARE SPEAKING OUT IN
OPPOSITION TO THIS. IN MY VIEW, THE LIMITS OF SEARCH AND
[ram]{13:13:49} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
SEIZURE ARE UNQUESTIONABLY AN ISSUE FOR THIS CONGRESS TO
DEBATE. THE JUSTICE DEPARTMENT SHOULD NOT HAVE THE POWER TO
CHANGE THE PRACTICAL MEANING OF THE FOURTH AMENDMENT WITHOUT
THE PEOPLE'S ELECTED LEADERS WEIGHING IN. INSTEAD, THE SENATE
OUGHT TO BE DOUBLY CONCERNED ABOUT THE FACT THAT THE
ADMINISTRATION WANTS TO CONDUCT PROACTIVE CYBERSECURITY POLICY
THROUGH SOME KIND OF OBSCURE BUREAUCRATIC PROCESS LIKE RULE 41.
THERE AREN'T FOLKS IN OREGON, TEXAS OR IOWA OR ANYWHERE ELSE
WHO ARE FOLLOWING THE DETAILS OF SOMETHING CALLED RULE 41. BUT
[ram]{13:14:23} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
I'M TELLING EVERYBODY, THEY'RE GOING TO BE REAL CONCERNED ABOUT
THE EXPANSION OF GOVERNMENT'S HACKING AUTHORITY. SO I HOPE MY
COLLEAGUES WILL JOIN ME IN SUPPORTING THIS BIPARTISAN,
BICAMERAL LEGISLATION. IF THIS BILL CANNOT PASS TODAY BY
UNANIMOUS CONSENT, I LOOK FORWARD WITH MY COLLEAGUES TO HAVING
A HEARING ON THIS ISSUE. I KNOW THERE'S BEEN BIPARTISAN
INTEREST IN THE JUDICIARY COMMITTEE ON THIS. LEADERS OF THE
[ram]{13:14:59} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
JUDICIARY COMMITTEE HAVE TALKED ABOUT IT. I HOPE THAT THAT
HEARING WILL
[ram]{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
[SEARCH] [ADVANCED] { 2016/09/08 TIME: 13-15 , Thu. 114th SENATE, SECOND SESSION}
[SEARCH] [ADVANCED]
[ram] { NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
AMERICANS CAN HAVE A CHANCE TO UNDERSTAND EXACTLY HOW
DEVASTATING THIS PROPOSAL WOULD BE FOR THEM. SO WITH THAT, MR.
PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE JUDICIARY COMMITTEE
BE DISCHARGED FROM FURTHER CONSIDERATION OF S. 2952 AND THE
SENATE PROCEED TO ITS IMMEDIATE CONSIDERATION, THAT THE BILL BE
READ A THIRD TIME AND PASSED AND THE MOTIONS TO RECONSIDER BE
[ram]{13:15:34} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
CONSIDERED MADE AND LAID ON THE TABLE, WITH NO INTERVENING
ACTION OR DEBATE.
[ram]{13:15:41 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: IS THERE OBJECTION?
[ram]{13:15:42 NSP} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
- CORNYN: MR. PRESIDENT?
[ram]{13:15:45 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE MAJORITY WHIP.
[ram]{13:15:49 NSP} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
- CORNYN: MR. PRESIDENT, RESERVING THE RIGHT TO OBJECT, LET
PASSION AND I ADMIRE HIS CREATIVITY AT BRANDING LEGISLATION.
BUT FOR REASONS I WILL EXPLAIN, THIS IS A COMMONSENSE PROCEDURE
THAT DOESN'T RELATE TO THE FOURTH AMENDMENT, THE CONSTITUTIONAL
RIGHT TO BE PROTECTED FROM UNREASONABLE SEARCHES AND SEIZURES.
THIS IS A VENUE PROVISION. THIS HAS TO DO WITH WHAT COURT YOU
[ram]{13:16:19} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
GO TO IN ORDER TO GET A COURT ORDER, TO GET PERMISSION FROM A
COURT AFTER ESTABLISHING PROBABLE CAUSE TO CONDUCT THAT SEARCH.
SENATOR WYDEN IS WEEING CONSENT TO BLOCK -- IS SEEKING CONSENT
TO BLOCK PROCEDURES THAT HAVE BEEN THE PRODUCT OF LENGTHY
CONSIDERATION INCLUDING HEARINGS AND DELIBERATION. THESE RULES,
AS ALL RULES THAT ARE APPLIED IN THE COURTS ARE, HAVE BEEN
APPROVED BY THE RULES ADVISORY COMMITTEE. THIS IS A GROUP OF
[ram]{13:16:53} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
JUDGES, LAW PROFESSORS, AND PRACTICING ATTORNEYS. AND THEN IT
WAS APPROVED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES.
AND THEN, MOST SIGNIFICANTLY PERHAPS, THEY WERE ENDORSED BY THE
UNITED STATES SUPREME COURT. SO IF THERE WERE CONSTITUTIONAL OR
OTHER LEGAL ISSUES AND CONCERNS ABOUT THIS, YOU WOULD THINK
THAT THE HIGHEST COURT IN THE LAND WOULD HAVE FLAGGED THOSE AND
DECLINED TO ENDORSE THEM, BUT THEY DIDN'T. THESE CHANGES HAVE
BEEN APPROVED BECAUSE THEY ARE COMMONSENSE MEASURES, AS I SAID
A MOMENT AGO, THAT RELATE SOLELY TO THE APPROPRIATE VENUE FOR A
[ram]{13:17:29} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
SEARCH WARRANT. THEY SIMPLY MAKE CLEAR THAT WHICH FEDERAL
DISTRICT COURT THE GOVERNMENT SHOULD GO TO IN ORDER TO APPLY TO
A JUDGE FOR A SEARCH WARRANT IN CASES INVOLVING SOPHISTICATED
CYBER CRIMINALS AND PEOPLE LIKE CHILD PORNOGRAPHERS AND EVEN
TERRORISTS. ULTIMATELY, THAT MAKES OUR GOVERNMENT MORE
EFFICIENT BY MAKING IT CLEARER WHICH COURTS CAN CONSIDER THESE
REQUESTS FOR SEARCH WARRANTS AND BETTER-EQUIPPED TO STOP THESE
[ram]{13:18:03} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
HEINOUS CRIMES. AS I SAID EARLIER, THESE AREN'T SUBSTANTIVE
CHANGES. THIS DOESN'T CHANGE THE BALANCE BETWEEN PRIVACY AND
SECURITY IN THE FOURTH AMENDMENT TO THE CONSTITUTION. RATHER,
THE GOVERNMENT MUST STILL GO BEFORE A JUDGE AND MAKE THE
REQUISITE SHOWING MURED TO GET A SEARCH -- IN ORDER GET A
SEARCH WARRANT. I CAN'T UNDERSTAND WHO BUT THE MOST RADICAL OF
PRIVACY ADVOCATES WOULD SAY THAT EVEN AFTER MEETING THE
[ram]{13:18:35} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
REQUIREMENTS OF THE FOURTH AMENDMENT BEFORE A JUDGE,
ESTABLISHING PROBABLE CAUSE TO GET A SEARCH WARRANT, YOU WOULD
SAY, NO, WE DON'T WANT TO ATHROUGH TO HAPPEN. I CAN'T -- ALLOW
THAT TO HAVMENT I CAN'T IMAGINE CIRCUMSTANCES WHERE WE WOULD
SAY THE FOURTH AMENDMENT IS TRUMPED BY CONCERNS ABOUT PRIVACY,
ESPECIALLY WHEN THE TARGETS THAT MUST BE PROVEN UP IN COURT ARE
CYBER CRIMINALS, CHILD PORNOGRAPHERS AND EVEN TERRORISTS. WELL,
[ram]{13:19:06} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
WE CAN'T LET THAT HAPPEN, AND THAT'S WHY THESE RULE CHANGES ARE
SO IMPORTANT. OUR COLLEAGUE CLAI CLAIMS THE RULE CHANGES ARE
ALLOW FOR MASS HACKING AND FORUM SHOPPING. THAT'S THE BRANDING
I TALKED ABOUT AT THE BEGINNING. BUT THESE CLAIMS HAVE BEEN
CONSIDERED AND REJECTED THROUGH A THOUGHTFUL, THOROUGH PROCESS
THAT I HAVE A ALREADY DESCRIBED. THESE CHANGES ARE MODERNIZING
OUR LAWS AND UPDATING THE TOOLS THAT GOVERNMENT HAS TO
INVESTIGATE SO THAT THEY CAN BETTER PROTECT US FROM THE VERY
[ram]{13:19:38} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
REAL AND INCREASING THREAT OF CYBER CRIMINALS AND TERRORISTS.
THE TRUTH IS THERE ARE MORE THINGS WE NEED TO DO NOITION THIS
TO -- NOITION THIS TO UPDATE AND MODERNIZE OUR LAWS. I WOULD
CLOSE, MR. PRESIDENT,LY SAYING THAT I KNOW THERE'S BEEN PUBLIC
CONCERNS RAISED AND INDEED I BELIEVE THERE HAVE BEEN SOME
BRIEFINGS EVEN TODAY BY FEDERAL LAW ENFORCEMENT AGENCIES AND
THE INTELLIGENCE COMMUNITY WITH REGARD TO RUSSIAN ACTIVITIES IN
CYBERSPACE, EVEN FOCUSED ON OUR VERY SYSTEM OF ELECTED OUR
[ram]{13:20:11} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
OFFICIALS IN THE NOVEMBER 8 ELECTION. THIS IS NOT A TIME TO
RETREAT AND TO ALLOW CYBERSPACE TO BE RUN AMOK BY CYBER
CRIMINALS OR PEOPLE WHO WOULD STEAL INTELLECTUAL PROPERTY OR
CHILD PORNOGRAPHERS OR TERRORISTS. THIS IS A VINCENNESABLE----
THIS IS A VERY SENSIBLE TOOL OF VENUE. THE FOURTH AMENDMENT OF
[ram]{13:20:47} (MR. CORNYN) { NOT AN OFFICIAL TRANSCRIPT }
THE CONSTITUTION PROTECTS ALL OF US, AS IT SHOULD, AGAINST
UNREASONABLE SEARCHES AND SEIZURES. SO FOR ALL THOSE REASONS,
- PRESIDENT, I WILL OBJECT TO THE UNANIMOUS CONSENT REQUEST.
[ram]{13:20:56 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: OBJECTION IS HEARD. MR. WYDEN: MR.
PRESIDENT?
[ram]{13:21:00 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE THE SENATOR FROM OREGON.
[ram]{13:21:06 NSP} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
- WYDEN: I WILL YIELD IN A MOMENT TO MR. DAINES, BUT JUST SO
SENATOR FROM TEXAS, HE HAS, AS SOME HAVE TRIED TO DO, SOUGHT TO
CHARACTERIZE THIS AS KIE KIND OF A ROUTINE KIND OF MATTER, THAT
THIS WAS A RULE OF CRIMINAL PROCEDURE, OF NO GREAT IMPORT
WITHOUT ANY FAR-REACHING CONSIDERATION. I CAN TELL YOU, MR.
[ram]{13:21:36} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
PRESIDENT, CYBERSECURITY EXPERTS AROUND THE COUNTRY HAVE SPOKEN
OUT VIRTUALLY UNANIMOUSLY ABOUT THE CONSEQUENCES OF THE
GOVERNMENT ACCIDENTALLY BREAKING THEIR COMPUTERS WITHOUT
TELLING THEM. I DON'T KNOW OF ANYTHING THAT IS ROUTINE ABOUT
THIS AT ALL. UNDER THIS CHANGE, THE GOVERNMENT CAN SEARCH
[ram]{13:22:12} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
POTENTIALLY MILLIONS OF COMPUTERS WITH ONE SINGLE WARRANT
ISSUED BY ONE SINGLE JUDGE. AND, TRAGICALLY, THERE'S NO
DIFFERENCE IN TERMS OF LAW ENFORCEMENT ACCESS BETWEEN THE
VICTIMS OF A HACK AND THE PERPETRATOR THEMSELVES. SO WE'RE
TALKING ABOUT CLOBBERING VICTIMS TWICE. FIRST THEY GET
CLOBBERED BY A HACKER AND THEN THEY COULD GET HURT BY THE
GOVERNMENT. NOW, THE DISTINGUISHED SENATOR FROM TEXAS SEEKS TO
PORTRAY THIS AS SOME KIND OF FAR-OUT KIND OF MATTER. VIRTUALLY
[ram]{13:22:43} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
ALL OF THE MAJOR TECHNOLOGY COMPANIES IN THIS COUNTRY HAVE
WRITTEN IN OPPOSITION TO THIS. SCORES OF CYBERSECURITY EXPERTS
HAVE WRITTEN IN OPPOSITION. AND ONE OF THE KEY POINTS THEY MAKE
IS YOU DON'T PUNISH VICTIMS TWICE IN AMERICA. YOU WOULDN'T
PUNISH THE VISMS A TAX SCAM OR A PONZI SCHEME WITH A PAINFUL
AUDIT. THAT'S WHAT CAN HAPPEN HERE. AND THE IDEA THAT A CHANGE
[ram]{13:23:19} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
OF THIS MAGNITUDE WOULD BE MADE WITHOUT ANY DEBATE,
CONSIDERATION -- THERE'S BEEN NO HEARING ON THIS MATTER, MR.
PRESIDENT. I KNOW OF NO MEETINGS. I'D LIKE TO HEAR ANY MEMBER
OF THE UNITED STATES SENATE TELL ME ABOUT SOME MEETING THEY
WENT TO. I KNOW OF NO SESSIONS WHERE THE PUBLIC VOICE COULD BE
HEARD. SO I'M VERY HOPEFUL -- AND I INTEND TO QOM BACK TO THIS
-- AND I INTEND TO COME BACK TO THIS FLOOR AGAIN IN AN EFFORT
TO TRY TO MAKE SURE THAT THE PUBLIC IS AT LEAST BROUGHT INTO
[ram]{13:23:54} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
THIS, BECAUSE I CAN TELL YOU, SENATOR DAINES AND I REPRESENT A
LOT OF RURAL HOSPITALS, FOR EXAMPLE. WELL, CERTAINLY IF YOU
HAVE SOME OF WHAT WE'VE BEEN TOLD COULD HAPPEN IN TERMS OF WHAT
IT COULD MEAN TO COMPUTER SYSTEMS AND HOSPITALS AND OTHER KINDS
OF FACILITIES, THEY THEY'RE GOING TO ASK THEIR SENATORS, WHAT
DID YOU DO ABOUT THAT?
WHY DID YOU JUST LET THAT RULE GO THROUGH THAT COULD DAMAGE
THOSE SYSTEMS THAT ARE A LIFELINE FOR AMERICANS?
[ram]{13:24:29} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
SO WE'RE GOING TO BE BACK, AND AS I MENTIONED BEFORE MY
COLLEAGUE CAME, IN THE OTHER BODY WE'RE STARTING TO MAKE A FAIR
AMOUNT OF PROGRESS. JIM SENSENBRENNER, A VERY INFLUENTIAL
MEMBER OF THE OTHER BODY, HAS TAKEN A GREAT INTEREST IN THIS. A
NUMBER OF COLLEAGUES ON BOTH SIDES. SO WE'LL BE BACK. I'M GOING
TO YIELD NOW, MR. PRESIDENT. I KNOW MY COLLEAGUE FROM MONTANA,
WHO'S BEEN A WONDERFUL PARTNER IN THIS EFFORT, HAS SOME
COMMENTS TO MAKE. IT HIGHLIGHTS ONCE AGAIN THE BIPARTISAN
CONCERN ABOUT HOW THE MAGNITUDE OF THIS CHANGE, COLLEAGUES,
[ram]{13:25:04} (MR. WYDEN) { NOT AN OFFICIAL TRANSCRIPT }
WOULD TAKE PLACE WITHOUT ANY INVOLVEMENT -- NONE -- HERE IN THE
UNITED STATES SENATE. NO HEARINGS, NO DEBATES, NO DISCUSSION.
THIS IS A BIG CHANGE. AND I HOPE WE'LL DISCUSS IT. I YIELD THE
[ram]{13:25:18 NSP} (MR. DAINES) { NOT AN OFFICIAL TRANSCRIPT }
FLOOR. MR. DAINES: MR. PRESIDENT?
[ram]{13:25:22 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATOR FROM MONTANA.
[ram]{13:25:26 NSP} (MR. DAINES) { NOT AN OFFICIAL TRANSCRIPT }
- DAINES: MR. PRESIDENT, MY DISTINGUISHED COLLEAGUE FROM
CONCERNED ABOUT WHAT'S GOING ON. I SPENT OVER A DECADE IN THE
PRIVATE SECTOR -- IN FACT, 12 YEARS WITH A CLOUD COMPUTING
COMPANY. WE HAD 17 OFFICES AROUND THE WORLD, A PRODUCT IN 33
DIFFERENT LANGUAGES, AND SAW FIRSTHAND WHAT IT MEANS TO BE
ENGAGED CERTAINLY IN THE HIGH-TECH BUSINESS AND THE CHALLENGES
RELATED TO HACKING. AND I KNOW FIRSTHAND THE CHALLENGES OUR
COUNTRY DOES FACE WHEN IT COMES TO CYBER CRIMINALS. WE WERE
[ram]{13:25:58} (MR. DAINES) { NOT AN OFFICIAL TRANSCRIPT }
ATTACKED ROUTINELY HAND TO FEND THOSE ATTACKS OFF AND BUILD
ROCK-SOLID, HARDENED FIRE WALLS TO PROTECT OUR CUSTOMERS
BECAUSE TECHNOLOGY HAS MADE IT EASE REQUESTER FOR BAD ACTORS TO
-- HAS MADE IT EASIER FOR BAD ACTORS TO COMMIT A WHOLE HOST OF
CRIMES AND ALL FROM BEHIND A COMPUTER SCREEN ANYWHERE IN THE
WORLD. AND OUR LAW ENFORCEMENT INDEED FACES TREMENDOUS
CHALLENGES IN TRACKING AND STOPPING THESE CRIMINALS. THE FACT
IS, OUR LAW ENFORCEMENT POLICIES NEED TO BE UPDATED TO REFLECT
[ram]{13:26:33} (MR. DAINES) { NOT AN OFFICIAL TRANSCRIPT }
THE 21st CENTURY REALITIES. BUT THESE POLICY CHANGES NEED TO BE
MADE THROUGH A PROCESS THAT IS TRANSPARENT, THAT IS EFFECTIVE,
AND IMPORTANTLY PROTECTS OUR CIVIL LIBERTIES. THE CHANGES TO
RULE 41 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE WOULD ALLOW
THE GOVERNMENT TO HACK AN UNLIMITED NUMBER OF AMERICANS'
COMPUTERS, INCLUDING INNOCENT VICTIMS, WITH WA SINGLE WARRANT.
THIS RULE CHANGE WAS APPROVED BEHIND CLOSED DOORS WITH
LITTLE-KNOWN JUDICIAL CONFERENCE. FUNDAMENTAL CHANGES TO THE
[ram]{13:27:10} (MR. DAINES) { NOT AN OFFICIAL TRANSCRIPT }
WAY WE ALLOW LAW ENFORCEMENT TO EXECUTE SEARCHES NEEDS TO BE
MADE. THERE'S NO DOUBT ABOUT THAT. WE ARE IN AGREEMENT THAT
CHANGES NEED TO BE MADE. HOWEVER, IT MUST BE THROUGH A PROCESS
THAT'S FULLY TRANSPARENT TO THE AMERICAN PEOPLE. WE CANNOT GIVE
THE FEDERAL GOVERNMENT A BLANK CHECK TO INFRINGE UPON OUR CIVIL
LIBERTIES. NOW, IF CONGRESS DOES NOT ACT, THIS RULE CHANGE WILL
AUTOMATICALLY GO INTO EFFECT ON DECEMBER 1. SENATE BILL 2952,
[ram]{13:27:43} (MR. DAINES) { NOT AN OFFICIAL TRANSCRIPT }
THE STOPPING MASS HACKING HACKETT, IT STOPS THE RULE CHANGE AND
WILL ALLOW CONGRESS TO CONSIDER NEW LAW ENFORCEMENT TOOLS
THROUGH -- AND THIS IS VERY IMPORTANT -- THE FULL, OPEN,
TRANSPARENT PROCESS THAT THEY DESERVE. I URGE MY COLLEAGUES TO
SUPPORT NOT ONLY THIS BIPARTISAN BUT BICAMERAL PIECE OF
[ram]{13:28:08 NSP} (MR. GRASSLEY) { NOT AN OFFICIAL TRANSCRIPT }
LEGISLATION. I YIELD BACK MY TIME.
