What’s Next for Reforming Section 702 of the Foreign Intelligence Surveillance Act

Congress must decide among four bills to reauthorize the controversial spying law — or whether to allow it to expire.

February 2, 2024 | Source: Brennen Center For Justice | by Noah Chauvin & Elizabeth Goitein

Congress must decide by April 19 whether to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, also known as FISA. This controversial law was originally intended to make it easier for the government to monitor foreign terrorists, but the government has repeatedly abused it to illegally spy on Americans, violating individual rights on a wide scale. So far, four bills have been introduced in Congress that would reauthorize Section 702, but only two of them — the Protect Liberty and End Warrantless Surveillance Act (Protect Liberty Act) and the Government Surveillance Reform Act of 2023 — would help prevent future abuses.

What is Section 702 of the Foreign Intelligence Surveillance Act?

Section 702 was enacted after 9/11 to give the government greater powers to monitor foreign terrorists. It authorizes the government to collect the communications of non-Americans located abroad without a warrant from a court.