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Section 504’s massive expansion of surveillance. Through an innocuous-seeming change to the definition of “electronic communication service provider,” the bill would vastly expand the universe of entities inside the U.S. that must assist the government in conducting Section 702 surveillance. Going forward, it would not just be entities that have direct access to communications, like email and phone service providers, that could be required to turn over communications. Any business that has access to “equipment” on which communications are stored and transmitted would be fair game. That means hotels, libraries, coffee shops, and other businesses that provide wifi could be compelled to serve as surrogate spies, structuring their systems so that they can give the government access to entire communications streams. Conscripting U.S. business into intelligence agencies’ service was a feature of the 2007 Protect America Act; Congress explicitly and appropriately rejected this feature one year later when it passed Section 702.

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