House Intelligence Committee leads Mike Turner and Jim Himes have proposed an amendment to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) that would significantly expand warrantless surveillance. This amendment, falsely portrayed as a minor definitional tweak, is actually being labeled as the largest expansion of FISA since its inception in 2008.
Last December, the House Intelligence Committee introduced a plan to broaden the definition of "electronic communication service provider" in the FISA 702 bill, prompting concerns from various organizations that it could lead to a substantial increase in warrantless surveillance. Despite some exceptions being added to the amendment to address certain concerns, the new text still extends FISA 702 orders to a wide range of entities, including commercial rentals and business landlords.
The proposed amendment has raised alarm due to the potential surveillance of sensitive entities like news media headquarters, nonprofit organizations, political campaigns, lawyers' offices, and more. These entities have historically been targets of improper surveillance under FISA 702, making the expansion even more concerning.
Moreover, the lack of experience of commercial real estate facilities and business landlords in handling communication surveillance orders could lead to errors and over-collection. The amendment also appears to target cloud storage services and data centers, further expanding the scope of surveillance and introducing new privacy and civil liberties risks.
As Congress prepares to vote on the FISA 702 renewal and amendments, there is a crucial opportunity to address past abuses and enhance safeguards. However, this proposed amendment, if passed, would move in the opposite direction by significantly expanding warrantless surveillance when restraint is needed.
