White House goes to court, not Congress, to renew warrantless spy powers
White House goes to court, not Congress, to renew warrantless spy powers
Choose your own FISA Section 702 adventure: End-run around lawmakers or business as usual?
The Biden Administration has asked a court, rather than Congress, to renew controversial warrantless surveillance powers used by American intelligence and due to expire within weeks. It's a move that is either business as usual or an end-run around spying reforms, depending on who in Washington you believe.
Both may be true.
US Senator Ron Wyden (D-OR) railed at the US Department of Justice's decision to seek a year-long extension of Section 702 of the Foreign Intelligence Surveillance Act, which is set to end in mid-April unless Congress reauthorizes it.
Wyden and other lawmakers have proposed alternative legislation that would allow Section 702 surveillance to continue albeit with strict limits on the government's ability to spy on Americans without first obtaining a warrant. That prosecutors, under the direction of the White House, have gone to court to renew the FISA powers without Congress having a chance yet to fully consider Wyden et al's alternatives has left the senator fuming.
"We agree with Senator Wyden. It's cynical move that's disrespectful of the role of Congress when it comes to reauthorization," Kia Hamadanchy, senior policy counsel at the ACLU, told The Register.
"It's utterly ridiculous for the administration to make such a blatant end-run around Congress to reauthorize this often-abused, unconstitutional warrantless surveillance of Americans," [EFF Legal Fellow] Gilligan told The Register. "Congress must significantly reform the law, or it must sunset — those are the only two options to protect Americans' rights."
This is the best summary I could come up with:
US Senator Ron Wyden (D-OR) railed at the US Department of Justice's decision to seek a year-long extension of Section 702 of the Foreign Intelligence Surveillance Act, which is set to end in mid-April unless Congress reauthorizes it.
Wyden and other lawmakers have proposed alternative legislation that would allow Section 702 surveillance to continue albeit with strict limits on the government's ability to spy on Americans without first obtaining a warrant.
"It is utterly ridiculous that the Biden Administration and the Justice Department would rather risk the long-term future of an important surveillance authority than support a single meaningful reform to protect Americans' rights," Wyden thundered.
Section 702 is set to expire by April 19 unless Congress votes to renew it, and there's been a big push among some lawmakers to change the rules and add some sort of guardrails to limit any future abuses.
The White House has fought attempts at Section 702 reform, and the FBI has repeatedly warned that any changes to the surveillance tool will have "devastating" effects on national security and Uncle Sam's ability to prevent cyberattacks.
"The executive branch will continue our intensive efforts — underway for over a year now — to work with Congress to sustainably reauthorize this vital authority while enhancing substantially its protections and guardrails," he added.
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