Vote Notes: H.R. 6439, BITMAP Act

Can I bring up another civil liberty concern given my post from last week?

In this case, let me reference the House vote on H.R. 6439, or the BITMAP Act. We actually took it two weeks ago, but it permanently authorized an existing program within the Department of Homeland Security (DHS) which collects and shares the personal information of individuals who might be security risks with other nations. 

That sounds reasonable enough...but here’s the catch, before we gather up personal information, shouldn’t we be certain about how sensitive information like fingerprints and retina scans and the like are used, stored, and shared with other governments?

In this case, the bill left that an open-ended question, and accordingly, I thought it was premature for Congress to permanently authorize it. I believe at minimum safeguards and restrictions should be added to the bill, and accordingly, I voted against it. It passed 272 to 119. 

By way of background, the BITMAP program was created in 2011, so our government could share vital information about potentially dangerous individuals with law enforcement officials in foreign nations. This data can be collected not just on foreigners but also Americans or those who might become American citizens. 

For me, that’s the tripwire. American citizens are guaranteed through the Fourth Amendment certain rights and privileges in the way that government can access their personal effects. Period. These rights are not extended to non-citizens, but they do exist for citizens. It’s therefore inappropriate to lump in citizens and non-citizens alike in the dragnet of gathering this information.

Despite several requests from Congress, the Department of Homeland Security has never provided proof that the program actually works. There are no restrictions on how long this data can be kept even if the person doesn’t turn out to be an actual security threat. While this bill would require a report to Congress within 180 days of the bill’s enactment, the program would have already been permanently authorized, therefore making the report more-or-less irrelevant.

Furthermore, the Department of Homeland Security has never explained exactly what information can be collected through the program, where it is stored, and how it is protected. Imagine if this database were to be hacked, the personal information of countless individuals would be exposed and could be abused, especially with the ready availability of facial recognition technology. Already, innocent people have been caught up in national security dragnets and appear on no-fly lists. With yet more data and no real restrictions on it, more innocent people will be placed on lists that don’t fit their circumstance. 

That poses significant concerns given the way in which the government has proved incapable of protecting it. You may remember back in 2015 when the Office of Personnel Management was hacked and exposed 21.5 million people. Stolen information can be used by identity thieves to wreck havoc. 

Details on how information can be shared with foreign governments are spelled out in agreements reached between the United States and foreign nations. However, this bill would give the Department authority to enter into these agreements on its own, with no ability for Congress to interject, review, or approve their terms. Again, potentially exposing American citizens’ personal information to other governments with no safeguards on how it will be kept or used. 

Ultimately, this program presents a conflict between privacy and security. Before authorizing such a program, Congress must be able to weigh the degree to which privacy is violated, against how much our security is enhanced. Without solid information for both sides of that equation, Congress cannot make an informed decision on whether or not to permanently authorize the BITMAP program, which is why I voted against the bill.