House votes to extend and expand Section 702 surveillance powers — without adding a warrant requirement

April 12, 2024

After a lot of maneuvering, the House voted 273–147 today to reauthorize FISA Section 702 for another two years. The vote on an amendment to add a warrant requirement was 212-212, so it didn’t pass. Unfortunately, two other amendments did pass, both expanding the scope of warrantless wiretapping. Politicians of both parties who had supported a warrant requirement in the past voted against it this time — including former Speaker Pelosi and current Speaker Johnson.

Dell Cameron’s House Votes to Extend—and Expand—a Major US Spy Program on Wired and Center for Democracy and Technology’s U.S. House Vote Narrowly Allows Rampant Abuses of Warrantless Spying Authority to Continue have details. Cameron notes

“The House bill also dramatically expands the statutory definition for communication service providers, something FISA experts, including Marc Zwillinger—one of the few people to advise the Foreign Intelligence Surveillance Court (FISC)—have publicly warned against.

“Anti-reformers not only are refusing common-sense reforms to FISA, they’re pushing for a major expansion of warrantless spying on Americans,” US senator Ron Wyden tells WIRED. “Their amendment would force your cable guy to be a government spy and asNsist in monitoring Americans’ communications without a warrant.””

Next week, the bill moves to the Senate. The deadline for reauthorization is April 19th … but the FISA Court has already extended certifications for another year, so it’s not actually a hard deadline. Stay tuned for more!

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A FISA vote coming this week – UPDATED

April 8, 2024

UPDATE: On Tuesday, the House Rules Committee decided what amendments will be voted on – including a new disastrously bad amendment. So I’ve updated the post. There’s a new script at the bottom — if you’ve already contacted Congress, thanks, and please do so again. If you haven’t now would be a very good time to!

The clock is ticking: FISA Section 702’s authority for warrantless surveillance expires on April 19 it’s reauthorized. For the last few months, a bipartisan coalition of reformers have been focusing on two key improvements: adding a warrant requirement, and preventing intelligence agencies from end-running around the warrant requirement by buying data from data brokers. But the intelligence agencies, and surveillance hawks in both parties, are trying to get FISA reauthorized without significant reforms — and even expanad surveillance. Originally there was supposed to be a vote in December; it got postponed until February, and then postponed again.

Now, the plan is to vote in the House this week. The bill going to the floor doesn’t have any signifciant reforms (it actually weakens) oversight, but there will be a vote on an amendment to add a warrant requirement. Unfortunately there will also be a vote on an amendment that would significantly expand FISA’s scope; Wolf In Sheep’s Clothing: A Planned Amendment to This Week’s Vote Would Be the Largest Expansion of FISA in Over 15 Years has the details

Which means that RIGHT NOW is a great time to contact your Representative. You can either call the Congressional switchboard at (202) 224-3121 or use the House directories to look up your legislators’ contact info. Here’s a short script:

“Stop the FBI from expanding warrantless surveillance of innocent Americans. OPPOSE the FISA amendment from Reps. Turner and Himes, which would be the largest expansion of FISA since Section 702 was created in 2008. And please oppose any attempt to reauthorize FISA Section 702 that doesn’t include warrant requirements, both for Section 702 data and for our sensitive, personal information sold to the government by data brokers.”

Things are likely to continue to change, so check back frequently! Dell Cameron of Wired is doing frequent updates in The Future of America’s Biggest Spy Program Is Being Decided Right Now.

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Oppose extending FISA in the NDAA!

December 12, 2023

Last night, House Republican leadership decided not to go ahead with votes on the two FISA reauthorization bills. Instead, they’re now planning to attach an extension to the must-pass NDAA — effectively extending FISA until 2025.* See this letter from dozens of civil rights and racial justice groups opposing extending FISA in the NDAA for why that’s a bad idea.

Fortunately, there’s enough opposition to FISA extension in both parties that there’s still a chance to stop it. Here’s how you can help.

  • Contact your Senators TODAY and with a simple ask: “DO NOT put 702 in the NDAA.”
  • Once you’ve done that, contact your representative with the same ask: “DO NOT put 702 in the NDAA.”

You can either call the Congressional switchboard at (202) 224-3121 or use the Senate and House directories to look up your legislators’ contact info.

* technically, the extension is for four months, until April 2024. But the FISA court approves cerfifications for a year, so any surveillance approved in early 2024 will continue until 2025.

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Stop the surveillance power grab. Tell Congress to OPPOSE HPSCI’s Horrific Surveillance Bill and SUPPORT real reforms!

December 10, 2023

FISA Section 702’s authority for warrantless surveillance expires at the end of the year unless it’s reauthorized.  With Congress leaving DC on December 15, there’s a lot of action this week — including competing Section 702 surveillance bills on collision path in the House, two bills in the Senate as well, and perhaps an attempt to add as short-term extension to the most-path NDAA bill. So now’s a critical time to contact Congress!

Both bills are scheduled for a floor vote this week, so now’s a crucial time to contact Congress! Several organizations have pages that make it easy to contact your legislators, along with talking points

Or if you’d rather contact legislators yourself …

The House of Representatives’ switchboard is at 202-225-3121; if you’re not sure who your representative is you can look them up here.

“Please OPPOSE H.R. 6611, the “FISA Reform and Reauthorization Act” (FRRA) and any attempt to include a short-term extension of Section 702 in the NDAA. Please SUPPORT H.R. 6570, the Protect Liberty and End Warrantless Surveillance Act (PLEWSA). FRRA not only fails to reform FISA, it actually broadens mass surveillance authorities. We’ve seen too many examples of unchecked, warrantless surveillance of Americans. FISA Section 702 must not be reauthorized without significant reforms – and PLEWSA has support from legislators in both parties.”

And the Senate switchboard is at 202-224-3121.

“Please OPPOSE any attempt to include a short-term extension of FISA Section 702 in the NDAA, and please OPPOSE S.3351 – FISA Reform and Reauthorization Act of 2023. Instead, please SUPPRT S. 3234, the Government Surveillance Reform Act of 2023, and SUPPORT H.R. 6570, the Protect Liberty and End Warrantless Surveillance Act (PLEWSA). FRRA not only fails to reform FISA, it actually broadens mass surveillance authorities. We’ve seen too many examples of unchecked, warrantless surveillance of Americans. FISA Section 702 must not be reauthorized without significant reforms – and GSRA and PLEWSA has support from legislators in both parties.”

More info:

@privacy

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