The Center for Democracy & Technology (CDT) has teamed up with the Brennan Center and other civil liberties, free speech, and New York organizations in a unified effort to call on Congress to safeguard the rights of protesters in the United States. The coalition is urging lawmakers to oppose any reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) that does not address critical issues such as backdoor search and data broker loopholes.
In a joint letter, the organizations emphasized the misuse of Section 702 for surveillance purposes, highlighting its impact on individuals participating in protests. They stated, "As you’re aware, backdoor searches of Section 702 have been abused to spy on political activists from across the ideological spectrum, including at least 141 people engaged in protests after the murder of George Floyd."
Furthermore, the letter referenced findings by the Privacy and Civil Liberties Oversight Board, which revealed numerous baseless searches related to civil unrest, totaling in the tens of thousands over a one-year period. The acquisition of sensitive information from data brokers by the government was also identified as a significant threat to protesters. This practice enables law enforcement and intelligence agencies to procure lists of individuals involved in Constitutionally protected activities and conduct various forms of surveillance on protesters, including facial recognition technology.
The coalition stressed the detrimental effects of such surveillance on the right to protest and dissent, noting that the fear of unwarranted government spying can deter individuals from exercising their constitutional rights. They asserted, "The real-world impact of such surveillance on protest and dissent is profound and undeniable."
As the debate over Section 702 reauthorization continues, the CDT, Brennan Center, and their partners are advocating for reforms that prioritize the protection of protesters' rights and uphold the fundamental principles of free speech, assembly, and petition.
