Congress Debates Renewal of Controversial Warrantless Surveillance Authority

Proposed bills aim to balance national security needs with privacy protections, but critics warn of potential for continued abuses.

Congress is debating the renewal of FISA Section 702, a controversial warrantless surveillance authority that is set to expire soon. This provision authorizes mass surveillance of international communications, including those involving Americans, without any warrant or court approval.
The FBI, CIA, and NSA are allowed to conduct 'U.S. person queries' under Section 702, effectively turning it into a tool for domestic spying. These warrantless backdoor searches have been abused to seek out the communications of Black Lives Matter protesters, political campaign donors, journalists, members of Congress, and even online dating matches.
Two bills, the Government Surveillance Reform Act and the Protect Liberty and End Warrantless Surveillance Act, propose to renew the spying powers while also protecting Americans' privacy. However, some Democrats, including Senate Intelligence Chair Mark Warner and House Intelligence ranking member Jim Himes, are working against these efforts.
The FISA Reform and Reauthorization Act proposed by Warner and Himes excludes the 'widespread' abuses of Section 702 from its legislation and would expand, not rein in, the provision. Critics argue that this would pave the way for future abuses without any court oversight.
The House Judiciary Committee approved a bill to reauthorize Section 702 with the added requirement that the FBI and other intelligence agencies obtain a warrant before using the program to obtain information about Americans. However, the House Intelligence Committee passed its own version of a Section 702 reauthorization that would only require the FBI to establish probable cause before searching the database for information about Americans.