Featured Insight & Analysis
The Center for Democracy and Technology (“CDT”) respectfully submits these comments urging the Department of Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”) to reconsider the proposal in CPCLO Order No. 003-2016 to broadly exempt the Next Generation Identification (“NGI”) biometric system1 from key provisions of the Privacy Act of 1974.2 CDT also offers comments on the modified system of records notice in CPCLO Order No. 002-2016.
Last week, Senators John McCain and John Cornyn proposed an amendment to an appropriations bill that would have permitted the FBI to obtain sensitive information, such as email records and browsing history, without a court order. While the amendment failed to meet the required sixty-vote threshold for moving forward, another vote is expected in the coming days on this proposed massive expansion of the FBI’s authority. Before it does, it is important to dispel several misconceptions that arose during the debate about the FBI’s access to the records at issue, “electronic communication transactional records” (ECTRs).