Whistleblower Edward Snowden has called on President Joe Biden to veto the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) after the Senate passed the reauthorization. Snowden expressed concerns over the authorization of unconstitutional, warrantless searches of Americans’ communications that the provision allows. Section 702 is a critical tool used by the government to gather intelligence on foreign subjects with the help of electronic communication service providers. The Senate’s vote of 60-34 to pass the reauthorization now puts the measure on Biden’s desk for his signature.

Attorney General Merrick Garland has defended Section 702 as indispensable to the Justice Department’s efforts to protect Americans from various threats, including terrorism and cyber attacks. Garland emphasized the importance of using Section 702 in today’s global threat environment to gather valuable and timely intelligence while upholding the rights of all Americans. The provision briefly lapsed for less than an hour before being renewed, which would have required the government to obtain a warrant for surveillance aid from companies under the bill.

Amendments proposed by several senators, including Rand Paul, Roger Marshall, Ron Wyden, Josh Hawley, Mike Lee, and Dick Durbin, were voted on before the final consideration of the bill. Senators expressed concerns over sacrificing freedoms for security and urged for reforms that protect national security while also preserving civil liberties. However, none of the proposed amendments received enough votes and were not added to the bill. The House of Representatives had previously passed the bill, creating a dilemma for Speaker Mike Johnson between privacy and national security interests within his conference.

The debate over Section 702 renewal has led to growing bipartisan coalitions on both sides, with some arguing for its necessity in national security efforts while others highlight concerns over constitutional violations. Snowden’s call for Biden to veto the reauthorization reflects wider concerns over the government’s surveillance practices. Despite the Senate voting to pass the bill, the issue remains contentious, with ongoing discussions about the balance between security measures and individual privacy rights. The legislation now awaits Biden’s decision on whether to sign it into law or heed the calls for its veto.

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