What is "FISA Section 702"
Apr 13, 2024 15:16:00 #
"FISA Section 702"
Section 702 of the FISA law has been the subject of significant intra-party wrangling for both Democrats and Republicans since last fall. However, because Republicans have the majority in the House and are in charge of committees, the disagreements between Republicans have gotten the most attention. The main battle has been between the chairs of Intelligence, Rep. Michael Turner (R-OH10) and Judiciary, Rep. Jim Jordan (R-OH4).
Turner wants expansion of the use of warrantless surveillance via Section 702 and Jordan wants an end to warrantless surveillance via Section 702. Many Democrats and the White House are on Turner's end of the argument: they oppose a warrant requirement and may want expanded use of 702. On the other hand, many of the farthest left Democrats in the House are in agreement with Jordan and some other of the farthest right Republicans that warrants should be required now for 702 purposes.
The bill that Speaker Johnson has put on the floor is H.R. 7888: Reforming Intelligence and Securing America Act. It does not address the question of warrants. So six amendments have been offered today. All descriptions and vote totals below curtesy of the House Press Gallery X account.
Rep. Andy Biggs (R-AZ5); prohibits warrantless searches of US person communications in the FISA 702 database (with exceptions); failed 212-212
Rep. Chip Roy (R-TX21); Requires the FBI report to Congress quarterly on the number of U.S. person queries conducted and gives access to attend FISC proceeding to the chairs & ranking members of the House & Senate Judiciary & Intelligence committees, the Senate majority & minority leaders, the Speaker and the House minority leader; passed 269-153
Rep. Ben Cline (R-VA6); Prohibits the resumption of “abouts” collection. (“Abouts” collection is the acquisition of communications that contain a reference to, but are not to or from, a Section 702 target.); adopted by voice vote
Rep. Dan Crenshaw (R-TX2); Aids in the targeting of international narcotics trafficking operations with Section 702 by updating the definition of foreign intelligence; passed 268-152
Rep. Michael Waltz (R-FL6); Enables the use of Section 702 information to vet foreigners traveling to the United States; passed 227-193
Rep. Michael Turner (R-OH10); Remedies a serious intelligence loophole by narrowly updating the definition of electronic communication service provider under Section 702. (Per Rolling Stone, this would expand collection of business communications significantly.); passed 236-186
Now that H.R. 7888 has passed 273-147 (per House Press Gallery) and all but the warrant requirement of the amendments passed, it goes to the Senate which will either have to agree or send back something else to the House in time for a vote by April 19 or Section 702 authority expires.
If you have strong feelings about Section 702 and how high or how low the barriers to its use should be, now is the time to contact your Senators.
MY COMMENT: When the FBI makes 278,000 illegal searches (and there are no consequences) there is a definite problem here. Yet, the House passed the FISA bill WITHOUT REQUIRING A WARRANT! Thankfully there will be one more chance to reform this legislation in the HOUSE thanks to Rep. Anna P. Luna. Call you House Rep and demand that the warrant provision be added before it goes to the Senate.
https://twitter.com/realannapaulina/status/1778866947687403621
Section 702 of the FISA law has been the subject of significant intra-party wrangling for both Democrats and Republicans since last fall. However, because Republicans have the majority in the House and are in charge of committees, the disagreements between Republicans have gotten the most attention. The main battle has been between the chairs of Intelligence, Rep. Michael Turner (R-OH10) and Judiciary, Rep. Jim Jordan (R-OH4).
Turner wants expansion of the use of warrantless surveillance via Section 702 and Jordan wants an end to warrantless surveillance via Section 702. Many Democrats and the White House are on Turner's end of the argument: they oppose a warrant requirement and may want expanded use of 702. On the other hand, many of the farthest left Democrats in the House are in agreement with Jordan and some other of the farthest right Republicans that warrants should be required now for 702 purposes.
The bill that Speaker Johnson has put on the floor is H.R. 7888: Reforming Intelligence and Securing America Act. It does not address the question of warrants. So six amendments have been offered today. All descriptions and vote totals below curtesy of the House Press Gallery X account.
Rep. Andy Biggs (R-AZ5); prohibits warrantless searches of US person communications in the FISA 702 database (with exceptions); failed 212-212
Rep. Chip Roy (R-TX21); Requires the FBI report to Congress quarterly on the number of U.S. person queries conducted and gives access to attend FISC proceeding to the chairs & ranking members of the House & Senate Judiciary & Intelligence committees, the Senate majority & minority leaders, the Speaker and the House minority leader; passed 269-153
Rep. Ben Cline (R-VA6); Prohibits the resumption of “abouts” collection. (“Abouts” collection is the acquisition of communications that contain a reference to, but are not to or from, a Section 702 target.); adopted by voice vote
Rep. Dan Crenshaw (R-TX2); Aids in the targeting of international narcotics trafficking operations with Section 702 by updating the definition of foreign intelligence; passed 268-152
Rep. Michael Waltz (R-FL6); Enables the use of Section 702 information to vet foreigners traveling to the United States; passed 227-193
Rep. Michael Turner (R-OH10); Remedies a serious intelligence loophole by narrowly updating the definition of electronic communication service provider under Section 702. (Per Rolling Stone, this would expand collection of business communications significantly.); passed 236-186
Now that H.R. 7888 has passed 273-147 (per House Press Gallery) and all but the warrant requirement of the amendments passed, it goes to the Senate which will either have to agree or send back something else to the House in time for a vote by April 19 or Section 702 authority expires.
If you have strong feelings about Section 702 and how high or how low the barriers to its use should be, now is the time to contact your Senators.
MY COMMENT: When the FBI makes 278,000 illegal searches (and there are no consequences) there is a definite problem here. Yet, the House passed the FISA bill WITHOUT REQUIRING A WARRANT! Thankfully there will be one more chance to reform this legislation in the HOUSE thanks to Rep. Anna P. Luna. Call you House Rep and demand that the warrant provision be added before it goes to the Senate.
https://twitter.com/realannapaulina/status/1778866947687403621
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