Rather than requiring the FBI and NSA to get warrants to collect and use communications from Americans, it authorizes this snooping for a whole host of domestic crimes—any crime involving death, kidnapping, serious bodily injury, crimes against kids, transnational crimes, and even computer fraud. All without warrants. The law says that the FBI "may apply" for a court order to get access but it's not mandatory. In addition, the attorney general has the authority to decide whether the crime being investigated falls under the many warrant exceptions and that decision is explicitly exempt from judicial review.
The law will eventually allow for the return of "about" searches. These controversial searches had been used by intelligence officials to collect and access communications that were merely "about" a subject of surveillance, not just to or from that target. These searches were halted earlier in the year after it became clear that the NSA was collecting all sorts of communications it did not have the authority to access. This bill will allow the FBI and NSA to restart "about" searches if they submit a report to the two congressional intelligence committees first and subject themselves to a 30-day review period.
