The Senate recently passed a bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA), a controversial program that allows warrantless spying on foreign “targets.” However, the road to reauthorization was far from smooth, with a lengthy debate over amendments keeping the Senate in session past midnight on Friday. Despite the expiration of the surveillance program, the spying was not going to stop, as the FISA court had granted a government request to continue the program until April 2025.
Senators like John Cornyn emphasized the importance of reauthorizing Section 702, warning of dire consequences if the program were to lapse. FBI Director Chris Wray even went as far as to say that allowing Section 702 to expire would be viewed as an “act of unilateral disarmament in the face of the Chinese Communist Party.” Senators Mark Warner and Rand Paul also stressed the urgency of reauthorization and introduced various amendments to the bill, albeit unsuccessfully.
Despite efforts by Senators like Ron Wyden, Josh Hawley, Dick Durbin, and Mike Lee to introduce amendments imposing warrant requirements and expanding the role of amicus curiae briefs, most of their amendments failed to pass. The next iteration of the FISA surveillance program is set to be more expansive than before, raising concerns about the impact on the privacy of ordinary Americans and small businesses.
In the final moments before the official expiration of Section 702, Majority Leader Chuck Schumer hailed the Senate’s ability to reach a bipartisan agreement on the reauthorization bill. The Senate cleared the 60-vote threshold just in time, sending the bill to the president’s desk for signing. The reauthorization bill is set to expire in 2026, leaving room for more debate and discussion in the future.
The reauthorization of Section 702 of FISA was a contentious and challenging process, with senators on both sides of the aisle voicing their concerns and pushing for amendments to safeguard privacy and national security. Ultimately, the bill passed, but not without significant debate and negotiation. As the surveillance program is set to continue until 2025, it is clear that the issue of government surveillance will remain a topic of contention and discussion in the years to come.
Leave a Reply