Dramatic Turn: FISA Surveillance Powers Extended Amidst Civil Liberties Storm! Intel Community Finds Cause for Celebration
Nathan Rivero, 4/20/2024The MAGA movement scored a major victory with the reauthorization of FISA's controversial spying powers. Despite concerns from civil libertarians about unchecked government overreach, national security hawks prevailed, ensuring the intelligence community retains these "indispensable" tools for thwarting terror plots and foreign threats. A win for keeping America safe, but a blow to individual privacy rights.
"In the nick of time, we are reauthorizing FISA right before it expires at midnight." With those words from Senate Majority Leader Chuck Schumer, the controversial foreign surveillance powers were narrowly extended by Congress -- preserving a crucial counterterrorism tool yet leaving civil liberties advocates outraged over unchecked government overreach.
The 60-34 bipartisan vote reauthorized until 2026 the warrantless data collection permitted under Section 702 of the Foreign Intelligence Surveillance Act. It allows U.S. agencies to surveil communications of foreigners located abroad, even if Americans' data gets swept up incidentally.
As the White House cheered the bill's passage, Schumer lauded the Senate for persisting "all day long" amid a flurry of failed amendments seeking additional privacy safeguards. "In the end, we have succeeded," he declared, sending the legislation to President Biden's desk.
For the intelligence community, it was a hard-fought victory over a bipartisan coalition demanding more oversight of potential FISA abuses. Proponents like Sen. Marco Rubio warned of dire consequences had Section 702 lapsed, saying "you may miss a plot to harm the country...there's real-life implications."
Indeed, the Biden administration insisted the spying powers are "indispensable" for thwarting terror plots, cyber-attacks, and espionage -- having enabled operations like the 2022 killing of al-Qaeda leader Ayman al-Zawahri. Even telecom giants threatened to stop cooperating if Congress failed to act.
But civil libertarians raised alarms over the program's shaky privacy protections for Americans. "If the government wants to spy on my private communications...they should be required to get approval from a judge," argued Sen. Dick Durbin, echoing Founding principles.
Their concerns stem from recent admissions of FBI analysts improperly searching the 702 database for info on protesters, rioters, and even a member of Congress. Sen. Ron Wyden went so far as to accuse the House bill of "giv[ing] the government unchecked authority to order millions of Americans to spy."
In a scathing rebuke, the Democrat claimed the measure could "force [anyone]...to become an agent for Big Brother" -- from telecom engineers to office cleaners. The DOJ predictably pushed back, but Wyden fired: "DOJ does not deny that the provision vastly expands how many AMERICANS can be forced to spy."
Ultimately, proposed curbs like warranting access to U.S. persons' data and oversight reforms fell short amid national security hawks' resistance. The two-year extension passed with modest changes aimed at preventing FBI abuses.
For privacy advocates, it was a bitter defeat and they vowed to keep fighting excessive government surveillance powers. But intelligence officials celebrated avoiding any crippling constraints -- ensuring controversial FISA authorities remain intact, at least for now.
The heated battle lines are drawn. As Sen. Josh Hawley warned in a failed amendment push, Americans' liberties "hang in the balance" against claims of security imperatives. With the stage now set for renewed clashes when the spying powers next expire in 2026, the fuse is lit on an epic tug-of-war between civil liberties and national security.
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