A bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act has passed a procedural hurdle, clearing the way for its passage before the Friday night deadline when the surveillance tool expires. The test procedural vote passed 67-32, with both liberals and conservatives voting against. Senate Majority Leader Chuck Schumer stated that efforts would be made to get the reauthorization done on the same day, but if not, votes would be expected the following day. Bipartisan critics of the bill may drag out the procedural clock until Sunday unless an agreement is reached sooner, possibly through allowing votes on amendments addressing concerns with the program.
Critics of Section 702 of FISA have various complaints, particularly regarding access to Americans’ data without a warrant when interacting with foreign targets of the law. Under Section 702, the government collects massive amounts of internet and cellphone data on foreign targets, incidentally gathering information on hundreds of thousands of Americans each year without a warrant. This process, previously involving millions of queries, is referred to as “backdoor” searches. The data collected is intended to provide quick access to information on foreigners in other countries for US intelligence agencies.
The data collected under Section 702 forms the basis of much of the intelligence the President views each morning and has been crucial in monitoring Russia’s intentions in Ukraine, identifying foreign efforts to access US infrastructure, uncovering foreign terror networks, and preventing terror attacks within the US. The Foreign Intelligence Surveillance Court has approved procedures for the program through April 2025, but if the authority lapses, some US companies may refuse to provide data under that certification. The potential consequences of the program’s expiration highlight the importance of passing the reauthorization before the deadline.
Senate critics have raised concerns about the government’s access to Americans’ data through Section 702 of FISA, particularly without a warrant, when engaging with foreign targets. The massive amounts of internet and cellphone data collected on foreign targets incidentally involve the information of hundreds of thousands of Americans each year, accessed without a warrant. This process, known as “backdoor” searches, allows quick access to data on foreigners in other countries but has raised privacy and constitutional concerns among lawmakers on both sides of the aisle.
Efforts to reauthorize Section 702 have faced opposition from both liberal and conservative senators, leading to a procedural vote that narrowly passed with a margin of 67-32. Senate Majority Leader Chuck Schumer has expressed determination to secure reauthorization before the Friday night deadline, potentially facing opposition from bipartisan critics of the bill. These critics may delay the process until Sunday unless an agreement is reached, possibly through amendments addressing concerns with the program. The importance of reauthorizing Section 702 before it expires is underscored by the potential repercussions on US intelligence-gathering capabilities and national security.
