FISA Section 702 Extension: Another Surveillance State Mandate
Congress is currently debating the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act, a measure allowing the U.S. government to surveil non-Americans located outside the United States without a warrant, ostensibly to gather foreign intelligence. The White House and intelligence agencies are pushing hard for its extension, arguing it is indispensable for counterterrorism
and cybersecurity efforts. The Independent, in its coverage, frames this solely as a debate around a 'controversial spy program' that 'U.S. authorities say is essential to national security.' This common framing entirely sidesteps the documented reality of how Section 702 has been used. The 'controversy' isn't just about foreign targets; it's about the FBI's repeated and acknowledged history of
using this authority to query. without a warrant. datasets containing the communications of Americans. For instance, in 2022, the FBI admitted to improperly searching the Section 702 database over 278,000 times for information on US citizens, including elected officials, journalists, and even individuals involved in the January 6th Capitol riots, often violating its own strict internal guidelines.
This isn't a new issue. The government's assurances that these powers are used carefully have a long shelf life. Consider the revelations following Edward Snowden's leaks in 2013, which exposed programs like PRISM, demonstrating how the National Security Agency (NSA) collected vast amounts of internet communications data from major tech companies under Section 702 authority. The Patriot Act, from