Published on April 11, 2024, 12:28 am

A legislative proposal extending Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows warrantless surveillance on noncitizens, failed to receive approval in the House of Representatives. This rejection came amidst strong encouragement from former President Donald Trump and other Republican lawmakers to end the act, viewed by them as controversial.

In total, nineteen Republicans deviated from their party lines, contributing to a defeat of this procedural vote that could have led to the bill’s debate and eventual voting. The final tally was a decisive 193 in favor against 228 against.

The Reforming Intelligence and Securing America Act – a compromise piece of legislation born out of negotiation between the House Judiciary Committee and the House Permanent Select Committee on Intelligence – proposed measures to put checks on potential misuse by restricting access to Section 702-acquired data specifically when U.S. citizens are involved. To reduce misconduct, it intended to make illegalness any backdoor methods employed unjustifiably for obtaining American citizens’ data.

Critics among conservatives voiced concern that these safeguards under consideration did not provide sufficient protection for Americans’ data. Prominent among those opposing the bill were GOP representatives such Bob Good who chairs the House Freedom Caucus, Nancy Mace, Lauren Boebert, Clay Higgins, Chip Roy and Matt Rosendale among others.

Trump vociferously articulated his unambiguous stand on this issue with his succinct “KILL FISA” message posted on Truth Social – his views being influenced by what he considered as its inappropriate use against him personally and others as well.

Originally designed as an instrument enabling surveillance over foreign nationals outside US territory suspected of terrorist affiliations or similar threats, Section 702 unfortunately saw its frequent misuse across agencies over time.

Nevertheless, a drop in incidences was noticed over time where fewer number of warrantless searches transpired per records from Federal Bureau investigations plunging from millions down to around 120k as per a report published by U.S. Office of the Director of National Intelligence, marking a decrease rate exceeding 90% as compared to the previous year.

With reduced robust measures in place to prevent potential abuses, Congress members especially those from the Freedom Caucus faction voiced their considerable opposition towards this renewal package promoted by House Speaker Mike Johnson.

The absence of successfully passed legislative acts renewing Section 702 by April 19 may see it ceasing effect, signifying a possible end to its use for surveillance applications by federal agencies.

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