Why Congress Must Reform FISA Section 702—and How It Can
Brennan Center for JusticeApr 13
US House Clears 2-Year Reauthorization of Warrantless Surveillance
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The Facts
The US House of Representatives on Friday reauthorized for two years a warrantless electronic surveillance program under Sec. 702 of the Foreign Intelligence Surveillance Act (FISA), with the vote passing 273-147.
The program — which officials claim is critical to fighting terrorism — is meant to only target foreigners outside the US, but the communication data of US citizens can also be swept in if they're in contact with the targets.
The Spin
Narrative A
Section 702 permits the inadvertent capturing of Americans' data in "backdoor" searches that clearly violate privacy rights. Despite calls for reform and a push for a warrant requirement, the reauthorization lacks crucial safeguards. Past abuses necessitate oversight. A balance between national security and civil liberties is crucial.
Narrative B
Section 702 already balances civil liberties protection for Americans while targeting foreign threats as best as it can. It doesn't enable warrantless surveillance of Americans on US soil; court orders are only unnecessary for foreign targets located abroad. Requiring warrants for overseas intel gathering could hinder timely threat identification.