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US government extends warrantless FISA monitoring

A controversial provision of the Foreign Intelligence Surveillance Act was renewed this weekend, despite concerns from lawmakers and other critics that it allows for the largely unregulated gathering of Americans’ personal information.

The reauthorization of FISA Section 702, dubbed the Reforming Intelligence and Securing America Act (RISAA), passed the House of Representatives earlier this month, and the Senate on Saturday, after which President Biden signed off on the move, over opposition on both sides of the aisle in both chambers. Sen. Ron Wyden, a long-time critic of Section 702, issued a statement on Saturday, after voting “no” on the reauthorization.

“The Senate waited until the 11th hour to ram through renewal of warrantless surveillance in the dead of night,” he said. “Time after time anti-reformers pledge that their band-aid changes to the law will curb abuses, and yet every time, the public learns about fresh abuses by officials who face little meaningful oversight.”

Under the new RISAA law, “any … service provider” providing a means of electronic communication can be required to turn over any communications to the authorities, according to a report from The Register. This broad mandate appears to implicate both personal and enterprise accounts from major tech companies such as Google and Microsoft.

Section 702 is designed to provide for the collection of electronic communications from overseas among individuals who are considered threats by US law enforcement and intelligence agencies, without the need for warrants or exigent circumstances typically required for this type of surveillance. The problem, according to critics, arises because the section authorizes the collection of information about US citizens who communicate with others abroad. That lack of oversight, the critics say, has led to numerous abuses, with even dedicated FISA courts — which have generally been quite favorable to law enforcement and intelligence — criticizing the FBI for failing to follow the rules in obtaining its information via Section 702.

According to the Brennan Center for Justice, US intelligence agencies perform more than 200,000 “backdoor” searches on Americans’ private communications every year, despite the rules stating that such searches are only to be run in instances where they are reasonably likely to uncover foreign intelligence or criminal activity.

“Information collected under [Section 702] can be used to prosecute and imprison people, even for crimes that have nothing to do with national security,” according to the ACLU.

“It is profoundly disheartening that leadership in Congress chose to bypass meaningful, bipartisan reform bills and jam through a bill that entrenches and expands the government’s warrantless surveillance authority under FISA Section 702 despite years of abuse while undercutting amendments to protect Americans’ privacy and civil rights,” said Electronic Privacy Information Center senior counsel Jeramie Scott, in a statement.

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Read More from This Article: US government extends warrantless FISA monitoring
Source: News

Category: NewsApril 23, 2024
Tags: art

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