Washington, D.C. — On Thursday, Demand Progress and a coalition of leading privacy advocates sent a letter asking congressional leaders to refrain from using must-pass legislation to renew a controversial federal surveillance authority in the lame duck session. The letter specifically warns against using a major Defense authorization bill, the the National Defense Authorization Act (NDAA), to renew the surveillance authority. The letter was convened by Demand Progress and signed by 26 other groups including the American Civil Liberties Union, the Brennan Center for Justice, Color Of Change and the Leadership Conference on Civil and Human Rights.
President Donald Trump and Stephen Miller have called on Congress to renew the federal government’s controversial warrantless surveillance authority, also known as Section 702 of the Foreign Intelligence Surveillance Act (FISA). In the next Congress, Democrats and pro-privacy Republicans will have more leverage to add privacy protections to FISA, like a warrant requirement, so that this authority won’t be abused. Opponents of privacy reform, like Rep. Jim Himes (D-CT), have called on Republicans to renew FISA with no reforms in the lame duck, before that can happen.
The following is a statement from Demand Progress Senior Policy Advisor Hajar Hammado:
“Following the widespread outcry over Flock cameras, it’s clear that the American people don’t want mass surveillance. Slipping a renewal of federal mass surveillance powers into a must-pass Defense bill during a lame duck session would be a wholesale rejection of what the American people want. Congressional leaders need to reject the failed agenda of out-of-touch Intelligence elites who want unchecked surveillance of Americans by refusing to add FISA to the NDAA or any other must-pass bill.”
The following is a statement from Due Process Institute Vice President Jason Pye:
"Voters just spoke with a resounding voice that they are sick of politics as usual in Congress. They're sick of backroom deals. They're sick of being sold out. Putting the reauthorization of Section 702 in the NDAA is a terrible message to send back to voters who are desperately seeking a change in how Congress operates. Worse, it's coming at a time when there are increasing worries about the executive branch having too much power. The notion that Congress would reauthorize Section 702 without a warrant requirement and without prohibiting the government from buying information on Americans from third-party data brokers is incomprehensible."
The following is a statement from Brennan Center for Justice, Liberty and National Security Program Counsel Hannah James:
"For too long, Section 702’s warrantless foreign intelligence surveillance authority has been abused to spy on Americans. Slipping an extension into must-pass year-end legislation, instead of openly debating and voting on bipartisan reforms, would betray the democratic process and Americans’ Fourth Amendment rights."
The following is a statement from Free Press Action Government Relations Director Amanda Beckham:
"Earlier this year, Republicans in Congress chose to let Section 702 of FISA lapse rather than allow votes on crucial reforms. Using must-pass legislation like the NDAA to yet again try to force a clean reauthorization of this powerful tool is a desperate move to advance a warrantless surveillance agenda that has been rejected by the majority of Americans."