In a recent House vote on Friday, the controversial U.S. spy program under Section 702 of the Foreign Intelligence Surveillance Act (FISA) was reauthorized, despite criticisms from privacy advocates regarding potential violations of Americans’ privacy rights.
The vote, which saw a 273 to 147 outcome, would renew the program through 2026 and could inspire interest in the upcoming Democratic primary election.
Reps. Frank Pallone, Chris Smith, Jeff Van Drew, and Bonnie Watson Coleman voted against the measure while Rep. Donald Payne, Jr. did not vote. The other New Jersey representatives voted to reauthorize the controversial law, including warmongering Congressman Andy Kim, a former national security aide who is seeking the Democratic nomination for the US Senate in the June 4 primary election.
The Section 702 program has been a subject of contention due to its authorization for the government to collect electronic communications of non-Americans outside the U.S. without a warrant. Critics argue that this surveillance often results in the collection of data on Americans who are in contact with the surveilled individuals, raising concerns about privacy infringement.
Kim’s support for the reauthorization of Section 702 has drawn attention, particularly as he campaigns for a U.S. Senate seat in New Jersey’s Democratic primary.
His stance on the spy program could potentially lead to backlash from privacy-focused constituents and advocates, since his opponent, Lawrence ‘Larry’ Hamm opposes reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA) due to documented instances of abuse within the program.
Hamm’s stance is grounded in concerns about civil liberties and government overreach, particularly regarding the surveillance and collection of Americans’ private communications without proper oversight or warrants.
Hamm’s opposition stems from the government’s own acknowledgment of abuses under Section 702. These abuses include unlawful backdoor searches conducted on tens of thousands of Americans, as highlighted by specific cases:
- Protestors of George Floyd’s Murder: Section 702 surveillance was used to monitor and gather information on 141 individuals participating in protests against the murder of George Floyd. This use of surveillance on peaceful demonstrators raises questions about the targeting of constitutionally protected activities.
- Political Activist Groups: The program was also utilized to conduct tens of thousands of queries related to civil unrest and political activism. This broad surveillance raises concerns about the targeting of individuals based on their political beliefs or affiliations.
- Racial and Ethnic Profiling: Instances of surveillance based on racial and ethnic profiling were noted, including surveillance of two individuals identified as “of Middle Eastern descent” solely based on a witness’s report.
- Judicial and Political Figures: Surveillance extended to judicial and political figures, including a state court judge who reported civil rights violations and elected officials such as a sitting member of Congress and a senator. Additionally, surveillance targeted local political parties and over 19,000 political donors, raising questions about the scope and purpose of such monitoring.
During the House proceedings, an amendment proposing a warrant requirement for accessing Americans’ data narrowly failed in a 212 to 212 vote.
This amendment was supported by both far-right Republicans and progressive Democrats, who emphasized the importance of safeguarding Americans’ privacy rights.
However, the White House and intelligence officials argued against such a requirement, stating it could impair national security efforts by hindering intelligence gathering.
Notably, recent revelations of FBI misconduct in handling data under Section 702 have further fueled debates surrounding the program’s reauthorization. Concerns have been raised regarding the FBI’s extensive and sometimes improper use of surveillance powers, including warrantless searches and queries targeting Americans’ communications.
Despite the controversy and calls for reforms to protect civil liberties, the House vote signaled a bipartisan consensus in favor of reauthorizing Section 702, albeit with ongoing discussions about potential amendments and oversight measures.
The bill’s passage faced initial hurdles earlier in the week, with a failed procedural vote and objections from hard-line Republicans, including disgraced former President Donald Trump, who called for rejecting the FISA bill.
Subsequent adjustments to the bill, including shortening the reauthorization period to two years instead of five, aimed to address concerns and garner broader support among lawmakers.
Moving forward, the Senate’s consideration of the FISA reauthorization remains pending, with discussions expected to continue regarding the program’s implications for national security and individual privacy rights.
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