The push to reform a key surveillance law before it expires
6/11/20268 min
Section 702 of the Foreign Intelligence Surveillance Act is key to U.S. counterterrorism efforts.
It authorizes U.S. intelligence agencies to intercept the electronic communications of foreign nationals, outside the United States.
But foreign nationals also talk to Americans. And lawmakers in both parties have long protested that this collection of phone calls, text messages and emails allow government agencies to monitor the conversations of Americans without a judicial warrant.
And FISA 702 is on a path to expire after Friday.
Elizabeth Goitein of the Brennan Center for Justice explains her proposal for reform.
For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org.
Email us at considerthis@npr.org.
This episode was produced by Vincent Acovino, with audio engineering by Ted Mebane. It was edited by Patrick Jarenwattananon. It features additional reporting by Eric McDaniel. Our interim executive producer is Courtney Dorning.
See pcm.adswizz.com for information about our collection and use of personal data for sponsorship and to manage your podcast sponsorship preferences.
Clips
Transcript preview
First 90 secondsAilsa Chang· Host0:00
It's Consider This, where every day we go deep on one big news story. Today, the controversial surveillance law that is due to expire after this week. It has a complicated name, Section 702 of the Foreign Intelligence Surveillance Act, or FISA, but it is key to counter-terrorism work. It authorizes US intelligence agencies to intercept the electronic communications of foreign nationals outside the US.
Dick Durbin· Soundbite0:27
Section 702 grew out of a secret warrantless surveillance program conducted by the Bush administration after 9/11.
Ailsa Chang· Host0:36
That is Democratic Senator Dick Durbin of Illinois.
Dick Durbin· Soundbite0:39
But there's a fatal flaw at the core of Section 702. This authority is also used for warrantless spying on innocent Americans.
Ailsa Chang· Host0:50
Durbin's criticism, and by the way, it's shared by some Republicans as well, is that foreigners talk to Americans, and that creates a potential loophole for government intelligence agencies to comb through that data and surveil the communications of US citizens without a warrant.
Keith Self· Soundbite1:09
The FBI has abused 702, and that's why we are here today. Let's get 702 reauthorized with constitutional protections.
Ailsa Chang· Host1:21
And that is Republican Congressman Keith Self of Texas. Now, some in or close to the intelligence community say that requiring a warrant