Early on April 15, lawmakers passed a bill to reauthorise and expand a controversial U.S. surveillance law known as Section 702 under the Foreign Intelligence Surveillance Act (FISA). The decision came just after the law’s powers expired at midnight, amidst opposition from privacy advocates and some members of Congress.
The debate over privacy and security
The bill, which passed with a 60-34 vote, permits the U.S. government to collect communications from foreign nationals through tech and phone companies. However, critics argue that it also inadvertently captures communications involving Americans. Despite this, officials from the White House and various intelligence agencies supported the reauthorisation, claiming it was crucial for preventing terrorist and cyber attacks. They emphasised that most of the information in the president’s daily intelligence briefings comes from the Section 702 programme.
On the other side, privacy advocates and some rights groups opposed the reauthorisation. They highlighted that the FBI and NSA can search the Section 702 database for Americans’ communications without a warrant. This has raised concerns about potential abuses of power, especially as accusations of warrantless searches by the FBI and NSA have surfaced. Efforts to amend the bill to require warrants for searches were ultimately unsuccessful in the Senate.
The path forward for FISA
The bill has now moved to the president’s desk and is expected to be signed into law. FISA, which was initially enacted in 1978, has faced increased scrutiny since 2013, when a significant leak revealed the U.S. government’s extensive global wiretapping activities. The recent House version of the bill faced opposition for potentially broadening FISA’s reach to include smaller companies and telecom providers, which had previously not been covered.
Senator Ron Wyden, a vocal advocate for privacy, criticised the last-minute push to renew the law without adequate reforms. He stressed that promises of minor adjustments had repeatedly failed to prevent misuse of the surveillance powers.
Despite the controversy, a key FISA provision ensures that the government’s surveillance activities can continue even if the law’s authorisation temporarily lapses. The FISA Court, which must approve the government’s surveillance programmes annually, last certified these programmes in early April, allowing them to extend until at least April 2025. The current reauthorisation of FISA extends its expiration to the end of 2026, potentially setting the stage for future legislative debates.
