US Congress temporarily extends controversial surveillance power under FISA
TL;DR
The US Congress has temporarily extended a controversial surveillance law under FISA, allowing data collection on foreigners until April 30. This extension follows failed efforts by President Trump for a more permanent solution.
Key points
- US Congress extended surveillance law under FISA temporarily
- Extension allows data collection on foreigners until April 30
- Section 702 permits NSA to collect data from foreigners
- Concerns raised by rights advocates about privacy
- Extension follows failed efforts for a permanent solution
Mentioned in this story
The United States Congress has temporarily extended a controversial surveillance law which allows federal intelligence agencies to collect the data of foreigners, including their contacts with US citizens.
The move allows a provision of the Foreign Intelligence Surveillance Act (FISA) to continue until April 30. The short-term extension was passed by the House of Representatives and approved by the Senate on Friday.
The patch comes after President Donald Trump’s efforts to secure a more lasting extension broke down.
Section 702 of FISA allows the National Security Agency (NSA) and other intelligence services to collect data from foreigners outside of the country.
That could include their interactions with US citizens, a prospect that has alarmed rights advocates.
Collecting such data, which can include correspondence on email and telecommunications platforms, typically requires a warrant approved by a court.
The process has been described by critics as a “backdoor search” that circumvents existing privacy laws.
Speaking after Friday’s vote, Senate Majority Leader John Thune said there was still some openness to reforming the law.
“We’ve got to pivot and figure out what can pass, and we’re in the process of figuring out how to do that here,” he told reporters.
Supporters of reform, who stretch across party lines, have long sought to repeal or amend Section 702.
While FISA was initially passed in 1978, Section 702 was added as an amendment in 2008.
The addition came amid the US’s “global war on terror”. But during its approval, revelations emerged that the administration of former US President George W Bush had already used the tactics Section 702 legalised.
Supporters, including Trump, maintain that reforming the provision would lead to a lapse in national security.
“I have spoken with many in our Military who say FISA is necessary in order to protect our Troops overseas, as well as our people here at home, from the threat of Foreign Terror Attacks,” Trump wrote in a Truth Social post on Wednesday.
He has pushed for the law to be extended for 18 months without changes. That effort initially appeared on track in the House but was ultimately scuttled by pushback from within Trump’s own Republican Party.
Among the detractors was Republican Congressman Thomas Massie, who has been a regular critic of Trump.
“I will be voting NO on final passage of the FISA 702 Reauthorization Bill if it does not include a warrant provision and other reforms to protect US citizens’ right to privacy,” he wrote ahead of the House vote.
Q&A
What is Section 702 of the Foreign Intelligence Surveillance Act (FISA)?
Section 702 of FISA permits the NSA and other intelligence agencies to collect data from foreigners outside the US, including their communications with US citizens.
Why are rights advocates concerned about the extension of FISA surveillance powers?
Rights advocates are alarmed because the law allows for the collection of data on foreigners that may include interactions with US citizens, raising privacy concerns.
When does the temporary extension of FISA surveillance powers expire?
The temporary extension of FISA surveillance powers is set to expire on April 30.
