President Joe Biden has given his approval to a controversial bill that enhances the surveillance powers of U.S. government agencies, a move that has raised concerns about the privacy of American citizens.
On April 20, the U.S. Senate voted 60–34 in favor of passing a legislation that renews, extends, and modifies Section 702 of the Foreign Intelligence Surveillance Act (FISA) for an additional two years. President Biden signed the bill into law the following day.
Advocates of the bill, including President Biden and numerous members from both political parties, argue that it is crucial for counter-terrorism efforts and for safeguarding the national security interests of the United States.
Speaking on the Senate floor, Democrat Senate Majority Leader Chuck Schumer stated, “Allowing FISA to expire would have been dangerous. It’s an important part of our national security toolkit and helps law enforcement stop terrorist attacks, drug trafficking, and violent extremism.”
However, critics of the bill contend that the reauthorization and amendment of FISA will usher in an era of heightened surveillance and significantly expand the spying powers of government agencies, such as the National Security Agency (NSA), Federal Bureau of Investigation (FBI), and the Central Intelligence Agency (CIA).
In a post on April 20, Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, strongly criticized the lawmakers who voted in favor of the bill, accusing them of betraying American civil liberties. “The provision effectively grants the NSA access to the communications equipment of almost any U.S. business, plus huge numbers of organizations and individuals. It’s a gift to any president who may wish to spy on political enemies, journalists, ideological opponents,” wrote Goitein.
Currently, U.S. agencies like the NSA have the authority to compel internet service providers, such as Google and Verizon, to surrender sensitive data related to their targets. With the new law signed by President Biden, the U.S. government will now be able to extend its surveillance capabilities beyond its current limits and require a wide range of companies and individuals providing internet-related services to assist with surveillance efforts.
The bill faced initial opposition from privacy-conscious Republicans and Democrats, but it was ultimately passed by the House of Representatives on April 13. An amendment requesting that security agencies obtain a warrant for all internet-based surveillance was narrowly defeated in the House.
NSA whistleblower Edward Snowden expressed concerns over the reauthorization of FISA section 702, stating that America had “lost something important” and describing the legislation as unconstitutional.
Senator Ron Wyden, on April 13, referred to the bill as one of the most “dramatic and terrifying expansions of government surveillance authority in history.”