At this writing, rumors are circulating around the halls of Capitol Hill that surveillance hawks in the Senate are preparing to press for a reauthorization of FISA Section 702 later this week.
Their version, it is said, would include no warrant requirements for the collection and inspection of the communications of Americans, despite the fact that Section 702 is a legal authority meant to authorize the surveillance of foreign threats on foreign soil – not to sweep up the communications of vast numbers of Americans. If the rumors are correct, the Senate scheme would also avoid any effort to close one of the most dangerous and pernicious surveillance practices. We refer to the routine purchase of Americans’ most intimate information – including our location histories, online searches, communications metadata, and other datapoints that reveal our financial, romantic, health, political, and religious concerns and personal associations. It seems that some in the Senate are also planning to exclude any measure incorporating provisions from the bipartisan Fourth Amendment Is Not for Sale Act. These provisions would require the dozen federal agencies – ranging from the FBI to the IRS – to obtain probable cause warrants before purchasing our most personal information from shady data brokers. The good news is that the Senate will need 60 votes to move any such bill forward, with a number of surveillance reform champions ready to block it. Perhaps an even better piece of news is that a House majority comprised of Members of both parties is rebelling against attempts by leadership to stiff-arm amendments and try to corral them into votes with tight deadlines. Leaders in both parties are stepping forward in the House. Witness the recent passage of an amendment led by Rep. Adriano Espaillat (D-NY) in the House Appropriations Committee to close the data broker loophole. Or witness this “Don’t Spy on Me” declaration by Members of the House Freedom Caucus.
With different words and regional accents, they all ask why an authority designed for surveilling foreigners is being turned against their constituents. Their rebellion is not remarkable. What’s remarkable is that so many House and Senate leaders are fighting tooth and nail to protect the government’s claimed right to spy on Americans – while some House and Senate leaders appear willing to bend the rules to force Congress to condone it. The House Freedom Caucus’s anti-surveillance flag is a spinoff of the 1775 “DON’T TREAD ON ME” Gadsden flag depicting a timber rattlesnake coiled and ready to strike. This is just one sign that House and Senate Members have had enough of the current departure from regular order designed to cut off all debate and meaningful amendments. Reformers would do well to remember the words of Christopher Gadsden, creator of the flag bearing his name, who said: “Stand tall, even when the world tries to bring you down.” Comments are closed.
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