US House Pushes Surveillance Legislation

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Facts

  • On Wednesday, disagreement among the US House of Representatives forced the scrapping of a floor vote on an amalgamized bill that would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA). Without reauthorization, the section’s authorities will expire on April 19, 2024.1
  • Section 702, which allows Washington to gather intel through communications made by non-US citizens using US-based communication methods, was set to expire at the end of 2023 but was given a three-month extension when House Republicans failed to reach an agreement.2
  • While Section 702 has been credited for foiling terror plots against the US, it has also been criticized by Americans and privacy advocates as foreigner communications with American citizens are often caught in the surveillance sweep.3
  • FISA, first codified in 1978, was drastically expanded by the addition of Section 702 post-9/11, increasing the intelligence community's ability to conduct warrantless surveillance. Since then, the legislation has become notorious for its alleged abuses, including its use by the FBI to spy on Donald Trump’s 2016 presidential campaign.4
  • Skepticism in Congress led to the introduction of two competing bills. The House Judiciary Committee’s bill would require the government to have a warrant before utilizing Section 702 against American citizens. The House Intelligence Committee’s bill would place some restrictions on FBI capabilities but it wouldn't require a warrant.5
  • Last Monday, Republicans announced a mashup of the two competing bills, though it does more closely align with that of the Intelligence Committee. The legislation being termed a “base bill” by members of Congress would require several amendments to apply guardrails to appease the dueling factions. It's unclear when a vote will now occur.1

Sources: 1Roll Call, 2www.thehill.com, 3FOX News, 4CNN and 5Csis.

Narratives

  • Pro-establishment narrative, as provided by Courthouse News Service. The Biden administration and members of the intelligence community are right in pleading with Congress to prevent the lapse of Section 702. Without the indispensable authorities provided by the legislation the intelligence community and agencies like the FBI will be left inept and unable to fulfill their mission of keeping Americans safe from domestic and overseas threats.
  • Establishment-critical narrative, as provided by American Civil Liberties Union. The House Republicans are waving a fake reform law in front of Americans claiming that it will keep them safe. After 15 years of abuses under a police state, where protesters, political opponents, and racial justice activists have been targeted, it's time for change. Americans must not stand for these unjust and overreaching powers.