The Senate passed a controversial expansion of the federal government’s warrantless spying powers just after midnight Friday, over objections from Democrats and Republicans who objected to the accidental collection of data on U.S. citizens as part of this authority.
In a vote of 60-34, Democrats and Republicans voted to reauthorize Title VII of the Foreign Intelligence Surveillance Act (FISA) through 2026, sending the legislation to President Biden’s desk for his signature.
The White House issued a statement in support of the legislation, called the Reforming Intelligence and Securing America Act, before it passed the House last week in a bipartisan vote of 273-147.
FISA’s authority was set to expire on April 19, which supporters said would end critical intelligence collection efforts through a provision known as Section 702.
Originally passed in 2008, the national security provision allows U.S. intelligence agencies to monitor communications and other data issued by foreigners with potential ties to terrorism.
But by sweeping this information from U.S. service providers like Google and AT&T, critics point out that any American’s communications can also be obtained without a warrant.
Senators from both parties submitted amendments to address this and other shortcomings, but each was rejected on a bipartisan basis. Intelligence Committee Chairman Mark Warner (D-Va.) nevertheless agreed to address some of their concerns in subsequent legislation.
House Speaker Mike Johnson (R-La.) and House Intelligence Committee Chairman Mike Turner (R-Ohio) rejected criticism of the intelligence program, highlighting 56 reforms included in the plan reauthorization bill passed by the House that would prevent FBI abuses in querying the Section 702 database for Americans’ data.
These reforms included restrictions on FBI database requests that require higher levels of approval to protect national security and avoid descending into political disagreements – as well as tougher penalties for officials who fail to comply. not these guidelines.
Former President Donald Trump had called on Republican lawmakers to “KILL FISA” before an initial vote in the House, although FBI abuses that led to inappropriate surveillance of his 2016 campaign aide, Carter Page, did not do not fall under article 702.
After a failed attempt to extend the spying authority by five years, House Republicans reduced the deadline to two years, meaning Section 702 will have to be reauthorized halfway through the next presidential term. American.
Sen. Ron Wyden warned before its passage that the House measure would expand the federal government’s ability to spy on Americans beyond even its current authority.
“The legislation coming from the House gives the government unfettered authority to direct millions of Americans to spy on the government’s behalf,” Wyden (D-Ore.) said in a speech last week.
“It says the government can compel the cooperation of ‘any other service provider with access to equipment that is or may be used to transmit or store wired or electronic communications,'” the privacy-minded lawmaker revealed.
“That means anyone with access to a server, cable, cable box, Wi-Fi router, phone or computer,” Wyden added. “These people are not just the engineers who install, maintain and repair our communications infrastructure; there are countless others who could be forced to help the government spy, including those who clean offices and guard buildings.
“If this provision passes, the government could deputize any of these people against their will and force them to become an agent of Big Brother.”
Attorney General Merrick Garland disputed that assertion in a letter to Senate leaders Thursday, arguing that electronic communications service providers’ requests had been “narrowly tailored,” according to a copy of the missive. shared by Politico.
“Don’t be fooled,” Wyden told X in response. “The DOJ does not deny that this provision significantly increases the number of AMERICANS AND AMERICAN BUSINESSES that can be forced to spy for the government.”
Wyden and Sen. Josh Hawley (R-Mo.) submitted an amendment to counter that, along with another from Sen. Roger Marshall (R-Kan.) to allow senior politicians to oversee the polling capabilities of the section 702 database.
Senator Mike Lee (R-Utah) proposed a separate amendment to limit abuses related to the submission of evidence to the Foreign Intelligence Surveillance Court, which would allow the FBI to monitor the Trump campaign. Not all of these amendments were adopted.
A House amendment requiring investigators to obtain a warrant for Americans’ data failed due to a deadlocked 212-212 vote. A similar amendment introduced in the Senate by Majority Whip Dick Durbin ( Democratic-Illinois) also failed.
Rep. Warren Davidson (Republican of Ohio) has authored a separate bill to ban the expanded ability of federal agencies to collect or purchase information about U.S. consumers from third-party data brokers.
This bill, the Fourth Amendment Is Not For Sale, was originally introduced by Wyden in 2021 – and passed the House in a 219-199 vote on Wednesday.
Libertarian-leaning Sen. Rand Paul (R-Ky.) submitted the Davidson bill as yet another amendment for the Senate’s FISA vote — but it, too, did not pass.
It is unclear whether the House bill will come up for a separate vote in the Senate at a later date.
New York Post
