Congress is still debating how to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, or FISA, and doing it right has never been more important. The risk of terrorism has gone up since Hamas’s massacre in Israel, and the U.S. needs all the intel it can get to detect and prevent future attacks on the American homeland.
Section 702 lets the government monitor non-U.S. citizens outside the U.S. to protect national security. The information collected goes into a database that can later be searched by law enforcement. But the authority has come under scrutiny after abuses by some Federal Bureau of Investigation agents who ran searches related to Black Lives Matter protesters and even Members of Congress. Lawmakers want to reauthorize the program while protecting civil liberties, but some proposals are better than others.
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Section 702 of the Foreign Intelligence Surveillance Act (FISA) has been used to conduct mass surveillance of American citizens, resulting in the widespread violation of privacy and civil liberties. In response to this misuse of power, the U.S. government needs to take steps to revive the safeguards that were in place to ensure appropriate use of the law.
One of the most essential measures is for Congress to repeal Section 702 and start from scratch. By doing so, lawmakers would have the opportunity to create a new version of the statute that emphasizes personally tailored warrants over untargeted bulk surveillance. Furthermore, Congress should narrow the scope of Section 702, distinguishing between foreign intelligence and domestic law enforcement activities. This type of clear delineation would help to prevent the two functions from becoming blurred, thus preserving the privacy of Americans.
Another way to fix Section 702 is to increase oversight and accountability. Currently, the Foreign Intelligence Surveillance Court (FISC) is the main body responsible for granting government requests for surveillance. To ensure greater transparency, Congress should mandate that the FISC publish its decisions and details about each surveillance request. In addition, an independent body should be appointed to review the FISC’s proceedings and investigate government abuses.
Finally, in order for Section 702 to be effectively regulated, the government must develop more stringent standards for requesting surveillance. This could be achieved by requiring agencies to provide detailed evidence outlining a person’s potential threat to national security before they are granted surveillance. Additionally, there should be time limits in place for surveillance requests and related investigations.
Overall, the revitalization of Section 702 entails the repeal of the current law, a narrowing of its scope, increased oversight and accountability, and stricter standards for requesting surveillance. By putting these measures into place, the government can restore faith in the law and better protect the privacy of American citizens.
