The War on Terror-era legislation that authorized decades of civil liberties-eroding mass surveillance is set to expire on April 19. Congress should let it die.
Section 702 of the Foreign Intelligence Surveillance Act (FISA) was passed in 2008 as a counterterrorism measure, but has a long history of abuse from the federal government, especially when it comes to surveillance. Congress has a choice to make: Will they greenlight warrantless mass surveillance, or hold the line and reject any effort to move forward without serious privacy guardrails? FISA as it is currently written:
- Allows warrantless backdoor surveillance of people in and out of the country
- Offers little to no protections against the administration targeting critics, activists, religious minorities, or communities of color
- Actively chills our freedoms of speech and association
Two years ago, this reauthorization legislation sailed through Congress with bipartisan support. That can’t happen again.
Let your Members of Congress know you expect them to reject reauthorization unless it includes significant reforms to protect our civil liberties against this authoritarian regime.
Dear Senator/Representative,
I am writing today to urge you to demand major reforms to Section 702 of the Foreign Intelligence Surveillance Act (FISA), and to withhold your vote from reauthorization without reforms.
Specifically, it is essential that you withhold your vote from reauthorization until the legislation is amended to:
- Close the backdoor search loophole: The government should not continue to be allowed to access personal communications without a warrant to consistently protect personal privacy.
- Close the data broker loophole: Intelligence agencies and law enforcement must be held to the same standard of privacy protection when purchasing data from commercial brokers. In the age of AI this protection is essential to preventing unprecedented government collection of our data.
- Fix the overbroad expansion of electronic communication service providers: As it is currently written, the ECSP definition is vague and overbroad. Right now, building owners (including those that lease space to nonprofits and media outlets), can be compelled to turn over data from their internet systems to the government. That must stop.
- Remove barriers to amici access and participation at the FISA Court: Even after prior reforms, amici are still restricted in access to proceedings and relevant materials. This reform will ensure the FISA Court allows amici access to cases affecting civil rights and civil liberties.
Now more than ever in the era of mass AI, personal privacy and civil liberties must be protected. I expect you to hold the line to protect your constituents from unnecessary and warrantless mass surveillance by refusing to reauthorize FISA without reform.