United States President Joe Biden has endorsed a contentious bill amplifying the surveillance capabilities of U.S. government agencies, raising concerns about potential infringements on the privacy of American citizens.
On April 20, the U.S. Senate cast a vote of 60–34 in favor of enacting legislation that extends, renews, and modifies Section 702 of the Foreign Intelligence Surveillance Act (FISA) for an additional two years. President Biden ratified it into law a day later.
Advocates of the bill, including President Biden and a cross-section of members from various political factions, argue that the legislation is vital for bolstering counter-terrorism measures and safeguarding the national security interests of the United States.
“Allowing FISA to lapse would have posed significant risks. It constitutes a crucial component of our national security arsenal and aids law enforcement in thwarting terrorist plots, combating drug trafficking, and curbing violent extremism,” remarked Democratic Senate Majority Leader Chuck Schumer during a Senate address.
However, detractors of the bill contend that the renewal and alteration of FISA could inaugurate a new era of surveillance, significantly expanding the spying powers granted to government entities, including the National Security Agency (NSA), Federal Bureau of Investigation (FBI), and the Central Intelligence Agency (CIA).
In a scathing post on April 20 on a platform named X, Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, criticized legislators who supported the bill, accusing them of compromising American civil liberties.
“The provision essentially bestows upon the NSA access to the communication infrastructure of nearly any U.S. entity, along with a vast array of organizations and individuals. It represents a boon for any president inclined towards surveilling political adversaries, journalists, or ideological foes,” penned Goitein.
Presently, U.S. agencies such as the NSA possess the authority to compel internet service providers such as Google and Verizon to furnish sensitive data pertaining to their targets.
With President Biden’s endorsement of the bill, the U.S. government can now extend its surveillance capabilities well beyond current parameters, compelling numerous companies and individuals offering internet-related services to aid in surveillance efforts.
Initially met with staunch opposition from privacy-conscious members of both the Republican and Democratic parties, the bill was approved by the House of Representatives on April 13. A proposal within the bill—advocating for security agencies to procure a warrant for all internet-based surveillance—was narrowly defeated in the House.
NSA whistleblower Edward Snowden lamented the reauthorization of FISA section 702, asserting that America had “surrendered something significant,” deeming the legislation unconstitutional.
On April 13, Senator Ron Wyden characterized the bill as one of the most “drastic and alarming expansions of government surveillance authority in history.”