Fears of Trump Winning Shape Surveillance Law Negotiations
TimeNov 30, 2023
US: Republicans Delay Vote on Extension of Controversial Surveillance Powers
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The Facts
With Congress facing a long to-do list before it breaks for winter recess on Friday — including a visit from Ukrainian Pres. Volodymyr Zelenskyy and efforts to strike a deal on military aid for Ukraine — among its priorities was to pass a bill extending and reforming the ability of US intelligence agencies to conduct warrantless surveillance on non-citizens abroad.
In seeking reforms to Section 702 of the Foreign Intelligence Surveillance Act (FISA), House Republicans tabled two competing bills; one drafted by the House Judiciary Committee — to ban warrantless backdoor searches of Americans’ communications and law enforcement from buying data that usually needs a warrant — and the other by the House Permanent Select Committee on Intelligence (HPSCI).
The Spin
Pro-establishment narrative
In a world gripped by violence — and with the US facing more threats than ever before, from Iran-backed terrorists to the Chinese government — Section 702 of FISA allows the US government to collect critical intelligence on foreigners abroad to protect the nation. While the Intelligence Committee bill would make much-needed reforms, it would keep America's core intelligence capabilities alive. Meanwhile, its alternative degrades US intelligence capabilities and puts Americans at greater risk.
Establishment-critical narrative
Under FISA's current rules, the CIA, NSA, and other intel agencies have spied on over 200K Americans without warrants in the last year alone. That figure included a number of egregious violations, such as spying on domestic campaigners, journalists, and even members of Congress. The Judiciary Committee bill would make the necessary reforms to reign in the unconstitutional parts of FISA. Its alternative, the Intelligence Committee bill, plans to expand FISA's scope, only leading to more violations.
