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US Senate reaches agreement to reauthorize surveillance program

Published: 20 April 2024 at 01:01

Politics

The US Senate has agreed to vote on reauthorizing the Foreign Intelligence Surveillance Act, supported by majority leader Chuck Schumer, after the House approval last week. The bill helps in intelligence-gathering and law enforcement for national security but faces criticism for violating privacy rights of Americans. The program, vital for preventing terrorist attacks and criminal activities, was blocked by House Republicans before passing. Concerns arise as data gathered from foreign nationals can be accessed by domestic law enforcement without a warrant, leading to doubts about the programs integrity.

DEEP DIVE


Senate Advances Legislation Reauthorizing US Surveillance Tool Amid Civil Liberties Concerns


The Senate is moving forward with legislation to reform and extend Section 702 of the Foreign Intelligence Surveillance Act, crucial for counterterrorism and cyberattack prevention. Bipartisan concerns over civil liberties have resurfaced, risking the bill's passage despite House approval. The Biden administration advocates for the bill's reauthorization, emphasizing its national security role. Opponents, seeking amendments to address civil liberty issues, challenge the program's potential misuse by the FBI. Senate division persists on the bill's fate, with uncertainties surrounding changes and civil liberty protections.

House set to vote on FISA bill after resolution reached on surveillance tool dispute


The U.S. House is poised to vote on renewing Section 702 of the Foreign Intelligence Surveillance Act, which expires on April 19, following a resolution of a dispute over a controversial surveillance tool. The bill faced contention related to privacy rights, particularly regarding the federal government's access to U.S. citizens' data from tech firms. Representative Warren Davidson criticized the reform as infringing on privacy. Additionally, a separate bill, the Fourth Amendment Is Not For Sale Act, proposed by Davidson, will now receive a separate vote from the main FISA bill.

Congress Struggles with Data Broker Regulations Amid FISA Reauthorization Debates


Congress faces a dilemma regarding data broker regulations as they negotiate the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA). A bill preventing the sale of American data to foreign adversaries passed in March, but an amendment to stop data brokers from selling data without warrants caused discord. Lawmakers, including Rep. Warren Davidson, clashed over the amendment, with concerns raised by national security hawks and law enforcement groups. The future of the bill is uncertain, with some legislators insisting on privacy amendments before voting.

House approved legislation expanding intelligence community's surveillance authority under FISA


The House approved legislation that expands the intelligence community's surveillance authority under the Foreign Intelligence Surveillance Act (FISA). The core disagreement revolved around FISA's Section 702, allowing the government to monitor the electronic communications of foreigners, leading to incidental collection of Americans' data. Reports reveal FISA abuses targeting Americans, including searches on Congress members and journalists. President Biden supports renewing Section 702 without constraints citing national security concerns.

House Votes to Reauthorize Controversial Surveillance Program Despite Opposition


The House voted to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, allowing US intelligence agencies to spy on foreign communications without a warrant. A bipartisan coalition of progressives and far-right members supported an amendment for a warrant requirement for surveillance of Americans, which was narrowly defeated. Former President Donald Trump criticized FISA on social media. The bill faced opposition due to lack of an amendment requiring a warrant for searching Americans' data, but included resolutions on immigration policies and Israel-Gaza issues.

Foreign Intelligence Surveillance Act (Wikipedia)


The Foreign Intelligence Surveillance Act of 1978 (FISA, Pub. L.Tooltip Public Law (United States) 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.FISA was enacted in response to revelations of widespread privacy violations by the federal government under U.S. president Richard Nixon. It requires federal law enforcement and intelligence agencies to obtain authorization for gathering "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism. The law established the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants.Although FISA was initially limited to government use of electronic surveillance, subsequent amendments have broadened the law to regulate other intelligence-gathering methods, including physical searches, pen register and trap and trace (PR/TT) devices, and compelling the production of certain types of business records.FISA has been repeatedly amended since the September 11 attacks, with several added provisions garnering political and public controversy due to privacy concerns.

USA Freedom Act (Wikipedia)


The USA Freedom Act (H.R. 2048, Pub. L.Tooltip Public Law (United States) 114–23 (text) (PDF)) is a U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. The title of the act is a ten-letter backronym (USA FREEDOM) that stands for Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015.The bill was originally introduced in both houses of the U.S. Congress on October 29, 2013, following publication of classified NSA memos describing bulk data collection programs leaked by Edward Snowden that June. When it was re-introduced in the 114th Congress (2015–2016), it was described by the bill sponsors as "a balanced approach" while being questioned for extending the Patriot Act through the end of 2019. Supporters of the bill said that the House Intelligence Committee and House leadership would insist on reauthorizing all Patriot Act powers except bulk collection under Section 215 of the Patriot Act. Critics assert that mass surveillance of the content of Americans' communication will continue under Section 702 of FISA and Executive Order 12333 due to the "unstoppable surveillance-industrial complex" despite the fact that a bipartisan majority of the House had previously voted to close backdoor mass surveillance.The USA Freedom Act mandates that the FISA court release "novel" interpretations of the law, which thereby sets precedent and thereby makes up the body of FISA court common law, as both legal authority for deciding subsequent cases, and for guidance parameters for allowing or restricting surveillance conduct. The Act is not clear as to whether or not it mandates retroactive disclosure of decisions prior to passage of the Act in 2015. In October 2016, the ACLU filed a Motion for the Release of FISA Court Records to release interpretations prior to the USA Freedom Act.

House Republican lawmakers thwart bill to renew surveillance tool, angering colleagues


House Republican lawmakers, frustrated by 19 GOP members who blocked a bill to renew a key surveillance tool, failed a rule vote on reforming and renewing Section 702 of the Foreign Intelligence Surveillance Act. Despite 56 embedded FISA 702 reforms, the bill faced opposition for not going far enough, with conservatives pushing for amendments requiring warrants for buying U.S. citizens' data from third-party brokers. Speaker Mike Johnson suffered a setback as internal divisions led to the stalled bill's advancement.

House Passes Modified Surveillance Bill Following Earlier Failure


The House passed a modified bill reauthorizing the Foreign Intelligence Surveillance Act with a 273-147 vote, after an initial version failed. The new bill is a two-year reauthorization opposed by 59 Republicans and 88 Democrats. Speaker Mike Johnson, facing leadership challenges, engaged with Rep. Marjorie Taylor Greene over conservative philosophy differences. The reauthorization's change to a shorter term was aimed at aligning with a potential Trump presidency in the future.

Republican rift threatens extension of crucial US intelligence gathering program


A Republican divide is endangering the extension of a key US intelligence program that collects vast amounts of internet and cellphone data, crucial for monitoring Russia's actions in Ukraine, preventing terror attacks, and safeguarding US infrastructure. Debate surrounds new constraints on data access under the Foreign Intelligence Surveillance Act's Section 702, with former President Trump calling for its end despite having reauthorized it. Trump's stance led to a standoff within the Republican party, stalling Speaker Mike Johnson's plan to renew the program, which had been used to obtain warrants to wiretap a Trump campaign adviser with Russian ties.

U.S. Communications Providers Threaten to Stop Complying with Surveillance Law


Two major U.S. communications providers have indicated they will stop complying with orders under Section 702 of the Foreign Intelligence Surveillance Act, which allows U.S. intelligence agencies to gather digital communications of foreigners overseas without a warrant. National security officials argue that the providers must continue complying even after the law expires due to a court-granted one-year extension. The House recently renewed Section 702 for two years, despite contentious debates about surveillance expansion and privacy concerns.

House Speaker Mike Johnson cautions against warrant amendment on federal surveillance tool renewal


House Speaker Mike Johnson, R-La, advised against an amendment on warrant requirements during a closed-door House GOP Conference meeting focusing on renewing Section 702 of the Foreign Intelligence Surveillance Act. Section 702 permits surveillance of non-Americans overseas linked to terrorism without a warrant, potentially sweeping up data of Americans if intercepted. Johnson voiced concerns that the proposed amendment, spearheaded by Rep Andy Biggs, R-Ariz, to require warrants for querying U.S. citizens' data collected under Section 702, may be too narrow and endanger Americans.

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Wikipedia)


The FISA Amendments Act of 2008, also called the FAA and Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, is an Act of Congress that amended the Foreign Intelligence Surveillance Act. It has been used as the legal basis for surveillance programs disclosed by Edward Snowden in 2013, including PRISM.

United States Foreign Intelligence Surveillance Court (Wikipedia)


The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies. FISA was created by the U.S. Congress based on the recommendations of the Senate's Church Committee, which was convened in 1975 to investigate illicit activities and civil rights abuses by the federal intelligence community. Pursuant to the law, the FISC reviews requests to conduct physical and electronic surveillance within the U.S. concerning "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism; such requests are made most often by the National Security Agency (NSA) and the Federal Bureau of Investigation (FBI). From its opening in 1978 until 2009, the court was housed on the sixth floor of the Robert F. Kennedy Department of Justice Building; since 2009, it has been relocated to the E. Barrett Prettyman United States Courthouse in Washington, D.C.

Senate passes cybersecurity act forcing orgs to report cyberattacks, ransom payments


The US Senate approved new cybersecurity legislation that will force critical infrastructure organizations to report cyberattacks to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours and ransomware payments within 24 hours. The Strengthening American Cybersecurity Act passed by unanimous consent on Tuesday after being introduced on February 8 by Senators Rob Portman and Gary Peters, ranking member and chairman of the Senate Homeland Security and Governmental Affairs Committee. The act combines pieces of the Cyber Incident Reporting Act , the Federal Information Security Modernization Act of 2021 , and the Federal Secure Cloud Improvement and Jobs Act -- all of which were authored by Peters and Portman and advanced out of committee before floundering. The 200-page act includes several measures designed to modernize the federal government's cybersecurity posture, and both Peters and Portman said the legislation was "urgently needed" in light of US support for Ukraine, which was invaded by Russia last week. Im concerned that, as our nation rightly continues to support #Ukraine during Russias illegal, unjustifiable assault, the US will face increased cyber & ransomware attacks from Russia.

House Homeland Security Committee Holds Hearing on DHS Funding Request Amid Impeachment Articles Against Alejandro Mayorkas


Alejandro Mayorkas attended a hearing before the House Homeland Security Committee regarding the DHS's $108 billion funding request for the 2025 fiscal year. House Republicans are preparing to send articles of impeachment against Mayorkas to the Senate. Republicans accuse Mayorkas of granting asylum improperly, leading to increased demand at the U.S. border allowing cartels to exploit the situation. Despite impeachment articles, the Democrat-held Senate is expected to acquit Mayorkas. Democrats praise Mayorkas for his work on border security and immigration enforcement.

Congress Considers Adding a TikTok Ban to an Aid Package for Israel and Ukraine


House Republicans are pushing to include a bill in a foreign aid package that could result in a nationwide TikTok ban to protect Americans' data from Chinese government, facing opposition from TikTok and civil society groups, and aiming to expedite the Senate's vote. The bill, with updates like a nine-month deadline for ByteDance to sell TikTok, allows a 90-day extension for progress towards a sale, addressing concerns about the initial six-month timeframe.

Republican impeachment of Biden's border chief may see swift end in Senate


By Richard Cowan WASHINGTON (Reuters) - The Democratic-majority U.S. Senate is likely to bring a quick end this week to House Republicans' months-long drive to impeach President Joe Biden 's top border official, who they accuse of failing to deter record-setting levels of illegal immigration. Almost two months have passed since the House of Representatives narrowly voted to approve two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, an election-year move so divisive that it required two attempts to pass the narrowly Republican-controlled chamber. Republican presidential challenger Donald Trump , who holds great sway within his party, has focused much of his campaign on blasting Biden's border policies, and Reuters/Ipsos polling shows that immigration is Republican voters' top concern.

Justice Department rejects Republican demand for unredacted materials related to special counsel probe into President Biden's handling of classified documents


The Justice Department rejected House Republicans' demand for the full audio of Special Counsel Robert Hur's interviews with President Biden and his ghostwriter, despite having complied with the other elements of the subpoena. Assistant Attorney General Carlos Uriarte stated that the Republicans' reaction seems to stem from their disappointment rather than a lack of information. This could lead to a legal battle between the White House and GOP chairmen, potentially involving executive privilege and delaying audio release until after the November election.

FBI Director Wray Warns of Foreign Terrorist Threats and State Actors Targeting the US


FBI Director Christopher Wray issued a stark warning about ISIS and Al-Qaida adopting 'mafia-like' tactics for new attacks on the US. He highlighted ISIS, Al-Qaida, and their calls for attacks against Jewish communities. Additionally, Wray named Russia, China, Iran, and North Korea as major threats targeting US communications and infrastructure. Wray emphasized China's extensive cyber program and alleged Russian actions post-Ukraine invasion. He defended the Foreign Intelligence Surveillance Act and criticized proposed budget cuts to the FBI, linking it to aiding criminals and harming national security.

House Republicans to Deliver Articles of Impeachment Against Homeland Security Secretary Mayorkas


House Republicans are set to deliver articles of impeachment against Homeland Security Secretary Alejandro Mayorkas on April 10. Mayorkas was narrowly impeached on February 13 for failure to enforce immigration laws and cooperate with probes. Senate Majority Leader Chuck Schumer has criticized the impeachment as a "sham" and Democrats may seek a quick dismissal. Republicans may need to pressure Senate Democrats facing tough reelection campaigns to force a full trial.

House Republicans Propose $95 Billion Aid Package for Ukraine, Israel and Indo-Pacific Region


House Republicans have introduced three bills totaling $95 billion in aid, aiming to assist Ukraine against Russia, support Israel's defense efforts against Iran, and counter Chinese aggression in the Indo-Pacific region. The aid includes $61 billion for Ukraine, $26.4 billion for Israel, and $8.1 billion for the Indo-Pacific region. The bills specify funding for weapons, military operations, humanitarian assistance, and defense systems. President Biden supports the aid package, with key differences from the Senate bill such as providing economic assistance to Ukraine as a repayable loan. The House is expected to vote on the bills soon.

US Senate reaches agreement to reauthorize surveillance program US Senate reaches agreement to reauthorize surveillance program US Senate reaches agreement to reauthorize surveillance program US Senate reaches agreement to reauthorize surveillance program

SOURCES

Yahoo! News

Schumer has only hours left to avoid FISA warrantless surveillance shutdown

Yahoo! News

Daily Mail

Critical 'spy tool' that stops terrorists will run out at MIDNIGHT

Morgan Phillips

CNN

Schumer says senators struggling to reach deal to pass FISA before deadline | CNN Politics

Ted Barrett

The Guardian

Senate to hold vote after reaching deal to renew Fisa surveillance program

Reuters

NY Post

Senate reauthorizes warrantless spy powers just after midnight deadline

NY Post

Washington Post

Congress extends controversial warrantless surveillance law for two years

Washington Post

ABC News

Senate passes reauthorization of key US surveillance program after midnight deadline

ABC News

Yahoo! News

Senate passes reauthorization of key US surveillance program after midnight deadline

Yahoo! News

Yahoo! News

Senate passes reauthorization of key US surveillance program after midnight deadline

Yahoo! News

The Huffington Post

Senate Passes Renewal Of Controversial Surveillance Law Just Before It Was Set To Expire

The Huffington Post

The Verge

Controversial US surveillance program (briefly?) lapses amid congressional dysfunction

The Verge

AP News

Senate passes reauthorization of key US surveillance program after midnight deadline

https://apnews.com/author/farnoush-amiri

NPR

Senate passes reauthorization of key surveillance program despite privacy concerns

NPR

NBC

Senate passes bill renewing key FISA surveillance power moments after it expires

NBC

Fox News

Senate passes FISA surveillance tool renewal minutes after midnight deadline

Fox News

PANORA

Senate Advances Legislation Reauthorizing US Surveillance Tool Amid Civil Liberties Concerns

PANORA

PANORA

House set to vote on FISA bill after resolution reached on surveillance tool dispute

PANORA

PANORA

Congress Struggles with Data Broker Regulations Amid FISA Reauthorization Debates

PANORA

PANORA

House approved legislation expanding intelligence community's surveillance authority under FISA

PANORA

PANORA

House Votes to Reauthorize Controversial Surveillance Program Despite Opposition

PANORA

Wikipedia

Foreign Intelligence Surveillance Act

Wikipedia

Wikipedia

USA Freedom Act

Wikipedia

PANORA

House Republican lawmakers thwart bill to renew surveillance tool, angering colleagues

PANORA

PANORA

House Passes Modified Surveillance Bill Following Earlier Failure

PANORA

PANORA

Republican rift threatens extension of crucial US intelligence gathering program

PANORA

PANORA

U.S. Communications Providers Threaten to Stop Complying with Surveillance Law

PANORA

PANORA

House Speaker Mike Johnson cautions against warrant amendment on federal surveillance tool renewal

PANORA

Wikipedia

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

Wikipedia

Wikipedia

United States Foreign Intelligence Surveillance Court

Wikipedia

PANORA

Senate passes cybersecurity act forcing orgs to report cyberattacks, ransom payments

PANORA

PANORA

House Homeland Security Committee Holds Hearing on DHS Funding Request Amid Impeachment Articles Against Alejandro Mayorkas

PANORA

PANORA

Congress Considers Adding a TikTok Ban to an Aid Package for Israel and Ukraine

PANORA

PANORA

Republican impeachment of Biden's border chief may see swift end in Senate

PANORA

PANORA

Justice Department rejects Republican demand for unredacted materials related to special counsel probe into President Biden's handling of classified documents

PANORA

PANORA

FBI Director Wray Warns of Foreign Terrorist Threats and State Actors Targeting the US

PANORA

PANORA

House Republicans to Deliver Articles of Impeachment Against Homeland Security Secretary Mayorkas

PANORA

PANORA

House Republicans Propose $95 Billion Aid Package for Ukraine, Israel and Indo-Pacific Region

PANORA