Get FISA Right

Senate may vote Friday on expansion of FISA Section 702 warrantless surveillance – and maybe also a warrant requirement

FISA Section 702 expires Friday unless it’s reauthorized. This “deadline” doesn’t really matter in terms of national security: the FISA Court has already approved extending existing certifications for another year. But, intelligence agencies and surveillance hawks are trying to use it to strongarm the Senate into passing an expansion of warrantless surveillance that’s so big that Senator Ron Wyden (D-OR) and civil liberties groups describe as “terrifying.”

Even supporters of the “Everybody Is a Spy bill” like Sen. Mark Warner (D-VA) admit this huge expansion is poorly drafted, but he — like the intelligence agencies, and leadership in both parties — thinks the Senate should pass it anyhow. Others disagree including Sen. Cramer (R-ND):

“We can’t have a timeline put to your head like a gun and say, ‘pass a mediocre bill because you’ve got to do it quickly,’ especially given the fact that it’s already sought and received from the court itself a one-year reprieve.”

But today, the Senate voted 67-32 to sent the terrifying, poorly-drafted bill to the floor, which means that a vote could happen on Friday.

Then again, there are also two amendments with strong support: one from Sen. Wyden to roll back the terrifying poorly-drafted expansion the House passed, and another from Sen. Durbin (D-IL) and Sen. Cramer to introduce a warrant requirement that’s somewhat narrower than the warrant requirement that almost passed the House last week. Andrew Desiderio of Punchbowl News reported this afternoon that leadership wants to get it wrapped up by tomorrow, but are concerned is that some these amendments could actually pass — and if it seems like that might happen, they’d rather run out the clock than risk a vote.

So we’ll see what happens. If the Senate doesn’t vote Friday, it’s possible that they’ll vote Saturday or next week. If they do vote Friday and pass an amendment, then it goes back to the House, who might try to squeeze in a vote on Friday night but given how dysfunctional things are that might also be challenging.

If you haven’t already contacted your Senators, now’s a great time! If you have, please consider following up with them. You can either use EFF’s form, call the Congressional switchboard at (202) 224-3121 or use the Senate directory to look up your legislators’ contact info. Here’s a short script:

“Please OPPOSE the terrifying, poorly-drafted Reforming Intelligence and Securing America Act (RISAA), H.R.7888, which would dramatically expand the government’s warrantless surveillance powers. Instead, REMOVE the expansino of FISA 702 powers the House added, and SUPPORT a warrant requirement. Don’t be fooled by the apparent April 19 “deadline”; the FISA Court has already approved a one-year renewal.”

#FISA #Surveillance #privacy

UPDATE: EFF’s Tell the U.S. Senate: STOP RISAA, the FISA Mass Surveillance Expansion makes it easy to contact your Senators.

The Senate is likely to vote Wednesday on RISAA, the FISA Section 702 reauthorization bill the House passed last week.  The more people have looked at RISAA the worse it looks — Privacy Advocates Ramp Up Effort to Stop Spying Expansion and the letter from a colaition of 75+ privacy, civil liberties, and civil rights groups have details.

Senator Ron Wyden says RISAA “represents one of the most dramatic and terrifying expansions of government surveillance authority in history.”  One especially big problem with this House bill is what privacy organizations call the “Everyone Is A Spy” provision, which gives the government unchecked authority to order millions of Americans to spy on behalf of the government – which would also help Trump crack down on the media

Wyden and Senator Mike Lee are leading a bipartisan coalition of privacy advocates trying to stop the Senate from passing the House bill — see the end of the article for a video of Sen. Wyden’s powerful speech. So now’s a great time to contact the Senate. You can either use EFF’s form, call the Congressional switchboard at (202) 224-3121 or use the Senate directory to look up your legislators’ contact info. Here’s a short script:

“Please OPPOSE the Reforming Intelligence and Securing America Act (RISAA), H.R.7888, which would dramatically expand the government’s warrantless surveillance powers – and any other FISA Section 702 reauthorization including the “Everyone Is A Spy” provision that gives the government unchecked authority to order millions of Americans to spy on behalf of the government.”

Here’s a video of Sen Wyden’s speech — or if you prefer text, here’s the transcript

#surveillance #privacy #FISA