Section 702 Vote Pushed Back Another Six Weeks Following GOP’s ‘But With Cryptocurrency Ban’ Failure

Policy

from the many-wrenches-in-many-gears dept

The administration isn’t exactly winning here. The GOP has been opposed to a clean reauthorization since its first brush with warrantless surveillance back during the Biden administration. GOP members weren’t upset that the FBI routinely abused the NSA’s Section 702 collections to access US persons’ communications… unless those communications happened to be theirs.

Despite their mostly-performative opposition, Section 702 was again given a clean reauthorization. This time around, the GOP seems even more reluctant to give these powers a pass, despite it being clear President Trump would like this to happen.

Trump’s interest is more selfish than most. While he too has been performatively critical of the surveillance that swept up some of his MAGA buddies during Biden’s term in office, he’d definitely like for his FBI and DOJ to be able to warrantlessly surveil Americans he doesn’t like. Since both entities are nothing more than willing enablers of Trump’s vindictive whims, allowing the FBI to warrantlessly access US persons’ communications probably sounds wonderful. And since it appears he doesn’t believe there will ever be a regime change, he has no qualms about extending these spy powers in perpetuity with zero modifications, including those ordered by FISA court judges.

Somehow, even his party loyalists are reluctant to appease him. Section 702 has been on the verge of expiration multiple times, with only the periodic placement on temporary life support keeping these powers from being relegated to history.

With the powers set to expire at the end of April, the GOP offered up something halfway between a Hail Mary and deliberate sabotage, as Politico reports. While the House did manage to pass a three-year extension of Section 702, GOP House members added a rider that ensures this particular version wouldn’t be greenlit by the Senate.

The Senate is unlikely to clear the House-passed extension, which will be sent over with an unrelated, permanent ban on the Federal Reserve’s ability to issue a digital currency attached.

That provision was included at the behest of ultraconservatives, but it is so divisive across the Capitol that it has stalled a major affordable housing package for months. Senate Majority Leader John Thune earlier this week warned that the digital currency ban was “not happening” as part of spy law renewal.

Whether this clause was meant to keep the government from competing with Trump’s private sector offerings or just there to deter the Fed from paying closer attention to cryptocurrency market hardly matters. When John Thune is giving it a preemptive thumbs down, it’s a non-starter.

The Senate, however, received this GOP-spiked can and has only managed to kick it a bit further down the road. While some cynicism is warranted, it also buys time for surveillance reform advocates to gather the information they need to push back against yet another clean re-authorization.

The Senate approved the punt by a voice vote Thursday afternoon before the House passed it under fast-track procedures on a 261-111 vote.

As part of a deal Senate leaders cut with Sen. Ron Wyden (D-Ore.) to speed up the extension’s passage ahead of the midnight deadline, Sens. Tom Cotton (R-Ark.) and Mark Warner (D-Va.), the leaders of the Senate Intelligence Committee, will send a letter telling the Director of National Intelligence Tulsi Gabbard and the Justice Department to declassify an annual 702 court opinion within 15 days so it can be used as part of the negotiations.

This is not an unreasonable ask. The public has a right to know what the government thinks it can get away with under this surveillance power. What has always been pitched as a foreign-facing collection has been shown, for years, to be routinely accessed by Intelligence Community agencies for the sole purpose of accessing US persons’ communications without a warrant or even direct FISA court approval.

That an aggrieved Republican party may actually result in Section 702 reform is something that was never on anyone’s bingo card, especially since it’s usually been the same handful of Democratic party senators who have pushed back against these spy powers — something they have consistently done even when their own party has occupied the Oval Office.

Will reform actually happen this time? If history is any indication, a majority of Congressional reps will find some way to talk themselves out of their objections just in time to make it a problem for the next administration to solve. But there seems to be enough bipartisan opposition to a clean re-up to give reform a fighting chance.

Filed Under: fbi, fisa, gop, nsa, section 702, surveillance powers, surveillance state, trump administration, warrantless searches