The House approved a controversial spying bill
Image: Stefani Reynolds/AFP
On Friday, the House voted 273-147 to renew authorization for a controversial US spy program that some lawmakers consider crucial to national security, and others say represents a violation of Americans’ privacy rights.
Some quick background: Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows federal agencies to monitor the phone calls, texts, emails, and other online communications of any foreign citizen living abroad without first obtaining a warrant, which is required by law for any US citizen.
- Additionally, some US communications can be included if Americans are in contact with foreign individuals under surveillance.
- The data collected under Section 702 is stored in a searchable database, which US intelligence agencies can use as part of other investigations.
The database is where many of Section 702’s opponents take issue. Privacy advocates, progressive Democrats, and hard-line Republicans argue that US agencies should need a warrant to access communications in their database involving Americans. They also say the current system is ripe for abuse, citing recent disclosures that found the FBI improperly accessed FISA data to monitor George Floyd protesters, participants in the January 6 riot at the US Capitol, and a sitting US senator.
- On the flip side, the White House and intelligence officials say Section 702 is a crucial tool for disrupting terrorism, drug trafficking, cyberattacks, and other serious crimes.
- They also warn that adding a warrant requirement every time officials need to access data involving Americans would significantly reduce the FISA program’s effectiveness.
👀 Looking ahead… The bill to renew Section 702 of FISA for an additional two years is expected to pass the Senate, and be signed into law by President Biden sometime before Section 702 expires this coming Friday.
đź“Š Flash poll: Do you support Section 702 of the Foreign Intelligence Surveillance Act?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that FISA Section 702 should be authorized without a warrant requirement, since it’s been a vital tool for protecting US national security, and the current protections are enough to stop the FBI from abusing the program against Americans.
- Others contend that a significant amount of nuance exists in the conversation over Section 702, and US lawmakers should carefully consider the evidence of whether the policy is necessary every time it comes up for renewal.
- “A vital intelligence tool needs reauthorization. The House might wreck it instead.” –WaPo Editorial Board
- “Eyes on FISA: Donald Trump’s dangerous buffoonery and the conversation on privacy” –NY Daily News Editorial Board
- “ Before the feds surveil Americans for Gaza protests, rein in warrantless spying” –Kia Hamadanchy, LA Times
Sprinkles from the Right
- Some commentators argue that Congress should approve FISA Section 702 for five years, instead of two, since it’s an essential tool for protecting national security and the domestic privacy concerns are overblown.
- Others contend that if what federal officials are doing is legitimate, a warrant isn’t a high bar to clear for the private information of American citizens, and that agencies shouldn’t be granted a blanket renewal of wiretapping powers.
- “A Near Miss for National Security on FISA” –WSJ Editorial Board
- “House poised to renew government’s unlimited snooping authority” –Washington Times Editorial Board
- "Trump’s FISA Attack Is Incoherent” –National Review Editorial Board
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