Both congressional intelligence committees have now released proposals for reauthorizing the government's Section 702 spying powers, largely as-is, and in the face of repeated abuse.
The House Permanent Select Committee on Intelligence (HPSCI) in the U.S. House of Representatives released a Nov. 16 report calling for reauthorization, which includes an outline of the legislation to do so. According to the report, the bill would renew the mass surveillance authority Section 702 and, in the process, invokes a litany of old boogeymen to justify why the program should continue to collect U.S. persons’ communications when they talk with people abroad.
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Not wanting to be outdone, this week the Senate Select Committee on Intelligence proposed a bill that would renew the surveillance power for 12 years—until 2035. Congress has previously insisted on sunsets of post-9/11 surveillance authorities every four to six years. These sunsets drive oversight and public discussion, forcing transparency that might not otherwise exist. And over the last two decades, periodic reauthorizations represent the only times that any statutory limitations have been put on FISA and similar authorities. Despite the veil of secrecy around Section 702, intelligence agencies are reliably caught breaking the law every couple of years, so a 12-year extension is simply a non-starter.
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The Intelligence Committees’ Proposals for a 702 Reauthorization Bill are Beyond Bad
Both congressional intelligence committees have now released proposals for reauthorizing the government's Section 702 spying powers, largely as-is, and in the face of repeated abuse. The House Permanent Select Committee on Intelligence (HPSCI) in the U.S. House of Representatives released a Nov...
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