House Bill Would Set New Limits on US Surveillance Powers (Learn More)

By Dustin Volz, Reuters 

A bipartisan group of U.S. lawmakers unveiled legislation on Wednesday that would overhaul aspects of the National Security Agency’s warrantless internet surveillance program in an effort to install additional privacy protections.

The bill, which will be formally introduced as soon as Thursday, is likely to revive debate in Washington over the balance between security and privacy, amid concerns among some lawmakers in both parties that the U.S. government may be too eager to spy on its own citizens.

The legislation, written by the House of Representatives Judiciary Committee, is seen by civil liberties groups as the best chance in Congress to reform the law, known as Section 702 of the Foreign Intelligence Surveillance Act, before its expiration on Dec. 31.

Senior U.S. intelligence officials, who briefed reporters last week on their use of the law, consider Section 702 to be among the most vital tools they have to thwart threats to national security and American allies.

(Director of National Intelligence Dan Coats explained why he believes section 702 of the FISA Amendments Act, the law that allows U.S. intelligence services to monitor foreign nationals under some circumstances, is important, on June 7 at the Capitol. (Courtesy of the Washington Post and YouTube. Posted on Jun 7, 2017)

It allows U.S. intelligence agencies to eavesdrop on and store vast amounts of digital communications from foreign suspects living outside the United States.

But the program, classified details of which were exposed in 2013 by former NSA contractor Edward Snowden, also incidentally scoops up communications of Americans for a variety of technical reasons, including if they communicate with a foreign target living overseas.

Those communications can then be subject to searches without a warrant by the FBI.

A discussion draft of the legislation, a copy of which was seen by Reuters, partially restricts the FBI’s ability to access American data collected under Section 702 by requiring the agency to obtain a warrant when seeking evidence of a crime.

That limit would not apply, however, to requests of data that involve counterterrorism or counter-espionage.

The narrower restriction on what some have called a “backdoor search loophole” has disappointed some civil liberties groups, some of which sent a letter this week saying they would not support legislation that did not require a warrant for all queries of American data collected under Section 702.

The legislation would also renew the program for six years.

Republican senators introduced a bill earlier this year to renew Section 702 without changes and make it permanent, a position backed by the White House and intelligence agencies.

Separately, Senators John Cornyn, the No. 2 Republican in the chamber, and Democratic Senator Dianne Feinstein are working on Section 702 legislation that may also be introduced this week.

Their bill does not go as far in rewriting the law as the House Judiciary Committee bill but would include an expiration that would force Congress to revisit the law.

Democratic Senator Ron Wyden and Republican Senator Rand Paul are also planning to introduce a bill that would require a warrant for any query of Section 702 involving data belonging to an American, in additional to other transparency and oversight provisions, a Wyden aide said.