After All The Concern About Intel Agencies Spying On US Citizens…
Last Friday night, just before its expiration, the Senate reauthorized a controversial spying program under the Foreign Intelligence Surveillance Act. Despite facing resistance in both the House and the Senate, the upper chamber conducted a series of last-minute votes to push the bill through.
A group of Senators comprised of conservatives and progressives who prioritize privacy rights and civil liberties opposed the extension of FISA's Section 702. However, they surprisingly changed their stance when party leaders promised them a few amendment votes, which ultimately did not pass. The amendments were proposed to address the flaws in the law.
Ultimately, the bill was approved by a 60-34 vote, just over the midnight deadline.
Having already cleared the House the previous Friday, the legislation now moves on to President Biden, who is expected to sign it into law. This saga highlights the ongoing tension between national security needs and protecting individual privacy rights.
The controversial bill extends the federal government's surveillance powers on US citizens under the Foreign Intelligence Surveillance Act (FISA).
The decision has ignited a significant and ongoing debate about the balance between national security and individual privacy rights that are guaranteed in the Bill of Rights. The implications of the expanded powers, the historical context of FISA, the concerns raised by critics, and the potential constitutional challenges are all significant and worthy of scrutiny and public input.
FISA’s Genesis & Contemporary Expansion
The Foreign Intelligence Surveillance Act was introduced in 1978 to address the misuse of surveillance power in the 60s and 70s, especially by the Nixon administration. The primary objective of FISA was to establish a lawful framework for the government to obtain secret court authorizations, known as FISA Court, for national security investigations.
Over the years, FISA has been extensively expanded, particularly after the September 11 attacks. These expansions aimed to enhance the government's ability to collect and analyze communications and data without needing a standard judicial warrant, ostensibly to better monitor and prevent foreign threats.
However, in recent times, the US intelligence community, specifically the Federal Bureau of Investigation (FBI), has been found to have misused FISA warrants to spy on American citizens for political reasons.
An unsealed FISA order revealed that the FBI repeatedly misused a surveillance tool in cases related to the January 6, 2021, insurrection and the 2020 racial justice protests. The violations occurred under Section 702 of FISA, which allows the collection of communications between targeted foreign individuals outside the US:
In one instance, the FBI searched for someone believed to be present at the Capitol during the January 6 attack, even though the inquiry lacked any “analytical, investigative, or evidentiary” purpose.
In another, the FBI illegally searched for information on over 100 people arrested during the BLM protests sparked by the controversies surrounding the death of George Floyd in June 2020.
Additionally, a 2019 Inspector General report found that FBI officials made 17 significant inaccuracies and omissions in submissions to the FISA court to secure warrants targeting former Trump advisor Carter Page. The report highlighted shortcomings in ensuring factual accuracy in FISA applications.
Further, an unsealed Foreign Intelligence Surveillance Court filing revealed that in the year ending November 2021, the FBI improperly used warrantless search powers against US citizens more than 278,000 times.
The Current Expansion
The House has recently passed a bill that intends to expand the surveillance capabilities even further. The bill targets a wider range of businesses, not just traditional communication providers like phone companies or internet service providers like Google, but virtually any entity that provides WiFi services. This would include a variety of businesses, such as cafes and libraries, that offer WiFi to their customers, resulting in a significant increase in the number of entities and data that could be subjected to surveillance.
Moreover, the bill aims to lower the threshold for surveillance, allowing federal agencies greater leeway to access data. Critics rightfully argue – given the FBI’s past purposeful circumvention of the FISA laws – that this expansion could further erode privacy protections and encroach on civil liberties, extending the reach of surveillance into the everyday lives of ordinary American citizens.
Rightful Concerns & Criticisms
There is a significant concern about the possibility of continued abuse of FISA powers, considering the FBI's past misuses, particularly those concerning domestic political campaigns and conservative advocacy movements. These past abuses have raised concerns that the expanded powers could lead to more significant violations of individual rights without proper checks and balances.
Opposition to the bill was evident within the House, as demonstrated by the failed amendment introduced by Representatives Andy Biggs (R-AZ) and Pramila Jayapal (D-WA). The proposed amendment sought to align FISA operations more closely with traditional law enforcement standards by requiring warrants before spying on Americans. This would ensure that warrants based on probable cause are obtained before conducting surveillance to prevent unreasonable searches and seizures.
The introduction of a bipartisan amendment in the House by politicians from opposite ends of the political spectrum highlights the ongoing national debate on security and privacy.
Take Back Your Mind
Think For Yourself
Absolutely chilling. Inching into the abyss.