On Friday, U.S. officials were urgently working to avert a potential loss of crucial national security intelligence after two leading U.S. communications providers indicated plans to cease compliance with Section 702 of the Foreign Intelligence Surveillance Act (FISA). This law, which allows for the warrantless collection of digital communications of foreigners abroad, is set to expire at midnight, according to sources familiar with the situation.
One provider has already notified the National Security Agency (NSA) of its intent to stop adhering to the orders starting Monday, while another may discontinue compliance by midnight Friday if the law is not reauthorized. These developments, shared privately and not previously disclosed, have caused significant concern among national security officials who believe that existing orders should be honored even after the law’s expiration due to a federal court’s recent decision granting a one-year extension for intelligence operations.
The ongoing debate surrounding Section 702, pivotal for gathering electronic communications linked to foreign adversaries and terrorism, has become increasingly contentious. The law’s renewal faces opposition from both ends of the political spectrum, with conservative and liberal factions pushing for new restrictions to curb the government’s broad surveillance capabilities.
Despite the controversy, the U.S. House of Representatives recently passed a two-year renewal of Section 702, albeit narrowly and without additional privacy safeguards that would require warrants to review communications involving Americans. This decision came in the wake of a 212-212 tie vote that blocked an amendment aimed at implementing such measures.
Adding to the tension, former President Donald Trump has publicly criticized the bill, urging its defeat because of unfounded claims that it was used to spy on his 2016 campaign.
Originally enacted in 2008 and reauthorized since, Section 702 empowers the NSA to collect, without a warrant, the online activities of non-Americans outside the U.S. through U.S. tech companies and communication providers. While only a small fraction of these surveillance targets are shared with the FBI for national security investigations, the incidental collection of communications involving Americans has sparked significant debate and calls for reform.
As officials and lawmakers strive for a last-minute compromise to reauthorize Section 702, the potential withdrawal of compliance by key communications providers poses a serious challenge to U.S. intelligence capabilities, emphasizing the delicate balance between national security needs and privacy rights.
Jake Laperruque, deputy director of the Center for Democracy and Technology’s Security and Surveillance Project, criticized the House’s bill as “the biggest expansion of surveillance in 15 years” since Section 702’s inception, stressing the necessity for surveillance reform rather than expansion during such critical times.
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