Congress Decides To Give FBI Another Free Pass On Section 702 Abuses

Policy

from the I-guess-we're-just-going-to-let-the-FBI-cook dept

It looks like we’re headed to several more years of the same old abuse. The House vote on Section 702 reauthorization — something postponed several times since EOY2023 due to infighting and out-fighting — has indicated that whatever concerns people might have about warrantless access to US persons’ communications can be handled the next time Section 702 is up for renewal.

The fourth time (yes, the fourth) was the charm for House Republicans when the lower chamber of Congress on a bipartisan basis voted to renew a controversial spying law, not without plenty of hiccups along the way.

The House approved reauthorization of the Foreign Intelligence Surveillance Act, or FISA, by a vote of 273-147, on Friday, with most of the bill’s dissenters coming from the body’s civil-liberty minded ultraconservative and progressive factions.

The law’s strongest advocates come from the intelligence committee, who say FISA’s warrantless surveillance provisions are essential to protecting national security.

And there you have it. A clean reauthorization is now headed to the Senate. All the House Republicans who converted their Deep State conspiracy theories into a demand for a warrant requirement found themselves matched evenly with Democrats who refused to give the Republicans what they wanted, even if it would have resulted in better protections for all Americans, not just the Americans House Speaker Mike Johnson thought were worth protecting (i.e., just congressional reps).

A measure requiring federal agents to get a warrant before searching American communications collected as part of foreign intelligence failed to pass the House of Representatives today. The measure received 212 votes for and 212 votes against.

“This is a sad day for America,” said Rep. Thomas Massie (R–Ky.). “The Speaker doesn’t always vote in the House, but he was the tie breaker today. He voted against warrants.”

But it was largely Democrats who sank the warrant requirement. House Democrats voted against the measure 84–126, while Republicans voted for the measure 128–86.

So, there will be no warrant requirement contained in the House reauthorization. Instead, we’re stuck with what will likely be a clean re-up of Section 702 surveillance — something that includes FBI access to US persons’ communications that it has never not abused since it was granted access to this collection.

Members of the Senate have their own warrant requirement amendment to pitch, but it was thought the House — where Trump acolytes are suddenly enamored with the possibility of punishing the FBI for its excesses — might be the first place for a Section 702 warrant requirement to be voted into existence. Sadly, it was the other side of the aisle that ruined this, apparently unwilling to give House Republicans a win that would have resulted in better protections for their constituents.

The clock continues to tick down to the April 19 postponement. But, given what’s been seen here, a majority of representatives seem to feel maintaining the status quo is preferable to demanding the FBI respect the Constitution when accessing NSA collections. There’s a small chance the Senate (led by Ron Wyden’s endless pursuit of surveillance reform) can institute a warrant requirement. But, for the most part, the partisan infighting has led to nothing more than a blanket extension of the same stuff that has been problematic for years. And every year this issue goes ignored solidifies the FBI’s casual abuse of constitutional rights.

Filed Under: 4th amendment, accountability, congress, fbi, fisa, mike johnson, nsa, section 702, surveillance, warrant