Lawmakers have reauthorized and expanded a controversial U.S. surveillance law known as Section 702 under the Foreign Intelligence Surveillance Act (FISA). The bill passed with a 60-34 vote, despite opposition from privacy advocates and lawmakers who argue that FISA allows the government to collect the communications of Americans while targeting foreign individuals.
Supporters of the legislation, including White House officials and spy chiefs, argue that FISA is crucial in preventing terrorist and cyber attacks. They claim that a lapse in powers would harm the government’s ability to gather intelligence. In fact, the Biden administration asserts that the majority of classified information in the president’s daily intelligence briefing is derived from the Section 702 program.
Privacy advocates and rights groups strongly oppose the reauthorization of FISA because it does not require the FBI or NSA to obtain a warrant before searching the Section 702 database for Americans’ communications. Some Republicans initially sought greater privacy protections by proposing bipartisan efforts to require warrants for searches of Americans’ communications, but these efforts failed before the final vote.
Senator Mark Warner, who chairs the Senate Intelligence Committee, believes that FISA is indispensable to the U.S. intelligence community. However, critics argue that the FBI and NSA have abused their authority by conducting warrantless searches on Americans’ communications.
The bill now awaits the President’s signature, and it is expected to become law. This reauthorization of FISA comes after increased public scrutiny since 2013 when classified documents revealed the U.S. government’s global wiretapping program under FISA, implicating major tech and phone companies.
The Senate faced additional opposition to the surveillance bill after the House passed its version, which critics claimed would expand FISA’s reach to include smaller companies and telecom providers not previously subject to the law. Communications providers opposed this expansion, as it could unintentionally include companies beyond the big tech and telecom giants already compelled to hand over user data.
Despite an amendment introduced by Senator Ron Wyden to remove the expanded measure from the bill, it failed to pass. Wyden, a Democratic privacy advocate, accused senators of rushing to renew warrantless surveillance in the dead of night.
One key provision in FISA ensures that the government’s programs under Section 702 do not suddenly shut down in the event of lapsed legal powers. The law requires the government to seek an annual certification from the secretive FISA Court, which oversees and approves surveillance programs. The FISA Court recently certified the government’s surveillance program under Section 702, allowing the use of its lapsed authority until at least April 2025.
The reauthorization of FISA will expire at the end of 2026, setting the stage for another legislative showdown in the future. This ongoing debate highlights the tension between national security and privacy rights, as lawmakers balance the need for intelligence gathering with concerns about potential abuses of power. As technology continues to evolve, it is crucial to revisit and adapt surveillance laws to ensure appropriate safeguards are in place to protect both national security and individual privacy.