On Friday, the Republican-controlled House of Representatives voted to reauthorize a contentious surveillance program, paving the way for the continuation of an essential part of the United States’ foreign intelligence-gathering operation.
In a vote of 273-147, the House approved legislation to reauthorize Section 702 of the Foreign Intelligence Surveillance Act.
The FISA bill now proceeds to the Senate, where it is expected to receive bipartisan support. Without congressional action, the program will expire on April 19.
Approval came after the bill’s length was reduced from five years to two years, as requested by certain Republicans.
What is FISA?
The federal law establishes standards and procedures for acquiring foreign intelligence by electronic surveillance, physical searches, pen registers, and other methods. It established both the US Foreign Intelligence Surveillance Court (FISC) and the US Foreign Intelligence Surveillance Court of Review.
It was passed in 1978 in response to the Watergate incident and other intelligence scandals that surfaced at the time, including surveillance of US dissidents such as anti-war protestors and Martin Luther King, Jr.
It has been updated multiple times since then, particularly following the terrorist attacks of September 11, 2001.
What is Section 702?
The FISA debate on Capitol Hill revolves mostly around Section 702, which authorizes the US government to intercept electronic communications of non-Americans located outside the country without a warrant.
However, it can sometimes result in the acquisition of data about Americans who come into contact with the surveilled individuals, making it controversial.
Critics of the program, including civil liberties organizations like the ACLU, have advocated for a warrant to access those Americans’ data.
Some politicians are likewise reluctant to reauthorize the program in the absence of a warrant requirement or other privacy safeguards.
However, intelligence officials have warned that amending the order might damage a program relied upon for counterterrorism.
FBI Director Christopher Wray said if Congress were to impose such a requirement, it would “blind ourselves to intelligence in our holdings.”
“If we lost 702, we would lose vital insight into precisely the threats Americans expect us in government to identify and counter,” national security adviser Jake Sullivan told reporters.