The Senate recently passed a bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA), a program that allows for warrantless spying on foreign “targets”. However, the debate leading up to the bill’s passing was nothing short of a political showdown. Despite the expiration looming at midnight, senators engaged in a heated discussion over various proposed amendments, prolonging the session well into the night.
Amendments and Opposition
One of the key amendments introduced by Senator Rand Paul was the Fourth Amendment is Not For Sale Act, which ultimately failed in a 31-61 vote. Paul expressed frustration at the lack of time given to consider new amendments, emphasizing that there had been five years to renew the program. Similarly, Senators Ron Wyden and Josh Hawley sought to strike down language in the House bill that expanded the definition of “electronic communications service provider,” a move that would have implications for everyday citizens and small businesses. Unfortunately, their amendment was also defeated in a 34-58 vote.
Concerns and Need for Reauthorization
The urgency surrounding the reauthorization of Section 702 was emphasized by various senators, citing concerns about national security and the need to combat threats from external forces such as the Chinese Communist Party. FBI Director Chris Wray warned that allowing the program to expire would amount to “an act of unilateral disarmament.” Additionally, Senator Mark Warner highlighted that a significant portion of critical intelligence comes from materials collected through the surveillance program, further underscoring the importance of its continuation.
During the debate, Senator Dick Durbin proposed imposing warrant requirements on surveilling Americans, but the amendment was unsuccessful in a 42-50 vote. Senator Mike Lee introduced an amendment to expand the role of amicus curiae briefs in FISA court proceedings, which also faced defeat in a 40-53 vote. These amendments aimed to address concerns about privacy and transparency in surveillance practices, but they failed to garner enough support among the senators.
Despite the contentious debate and multiple proposed amendments, the Senate eventually cleared a 60-vote threshold for the reauthorization bill just minutes before midnight. Majority Leader Chuck Schumer hailed the bipartisan effort that led to the bill’s passing, stating that “bipartisanship has prevailed.” The bill now awaits the president’s signature, extending the Section 702 surveillance program until 2026. This reauthorization sets the stage for future debates and discussions surrounding the balance between national security interests and individual privacy rights.
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