Quick Bytes
- Congress passed H.R. 7888, reauthorizing Section 702 of FISA and expanding surveillance powers.
- New provisions allow warrantless vetting of noncitizens traveling to the U.S., affecting millions.
- Reforms aim to limit surveillance abuse but stop short of requiring warrants for Americans’ data queries.
- Controversy surrounds the potential for misuse of expanded powers, with legal recourse for challenges limited.
Summary of Congressional Surveillance Expansion
On April 19, Congress approved the Reforming Intelligence and Securing America Act (RISAA), which President Biden signed into law, extending Section 702 of the Foreign Intelligence Surveillance Act (FISA) for two years. This legislation introduces modest reforms while also incorporating controversial expansions to the federal government’s surveillance capabilities, particularly impacting noncitizens seeking entry into the United States.
Despite historical controversies over warrantless wiretapping, the new law permits the collection of communications without a warrant from non-U.S. persons believed to be outside the country. This has led to the accumulation of domestic conversations in searchable databases, which have been subject to abuse by intelligence agencies, as evidenced by surveillance of Black Lives Matter protesters and other U.S. residents.
One of the most contentious aspects of RISAA is the provision that mandates intelligence agencies to vet all non-U.S. persons processed for travel to the United States. This broad authority has raised concerns about the potential for misuse, including surveillance of individuals based on ideology or political beliefs, and the lack of legal avenues to challenge visa processing delays or inadmissibility findings resulting from this vetting.
While the full implications of the new immigrant travel vetting provision are yet to be seen, the reauthorization of Section 702 in two years will provide an opportunity to reassess its impact and address any concerns that arise.
