The Senate Approves Extension of Warrantless Surveillance Law
In a late-night session on Friday, the Senate approved an extension of a warrantless surveillance law known as Section 702 of the Foreign Intelligence Surveillance Act (FISA). The bill, which extends Section 702 for two years, was passed by a vote of 60 to 34, with national security officials hailing it as crucial to fighting terrorism but privacy advocates decrying it as a threat to Americans’ rights.
The debate over the extension of the law had been intense, with senators unable to reach a deal for most of Friday. However, after hours of negotiation, the Senate reconvened and swiftly voted down proposed revisions that were opposed by national security officials and hawks.
Senator Chuck Schumer of New York, the Democratic majority leader, announced the agreement to complete work on the bill, stating, “Allowing FISA to expire would have been dangerous.” Attorney General Merrick B. Garland praised the bill’s passage, calling Section 702 “indispensable to the Justice Department’s work to protect the American people from terrorist, nation-state, cyber, and other threats.”
Privacy advocates had pushed for amendments to the bill, including a measure that would have required the government to get a warrant before viewing the contents of Americans’ communications collected under the program. However, these proposed changes were rejected, with Senator Mark Warner warning that any amendment added at that moment would kill the bill.
Despite concerns raised by privacy advocates, the bill ultimately received the 60 votes needed for passage just before midnight. The defeated amendments included measures aimed at increasing oversight and protecting Americans’ civil liberties.
Section 702 allows the government to collect the messages of foreigners abroad from U.S. companies without a warrant, even when they are communicating with Americans. The law has been controversial due to concerns about its impact on Americans’ privacy rights.
The extension of Section 702 had been set to expire, leading to last-minute negotiations and gamesmanship in Congress. The bill’s passage comes after a tumultuous debate that highlighted the tensions between national security interests and civil liberties.
While the extension of the law has been approved, the debate over the balance between security and privacy is likely to continue, with lawmakers and advocates on both sides of the issue vowing to work towards further refining the legislation in the future.
