A bipartisan legislative effort is underway to address U.S. government surveillance authorities and implement significant curbs on these powers. The bill, known as the Government Surveillance Reform Act of 2023, is aimed at renewing Section 702 of the Foreign Intelligence Act, which grants the National Security Agency (NSA) the authority to collect electronic information from overseas targets, including data from U.S. technology providers.
However, it has been controversial due to the collection of Americans’ personal data. The proposed legislation includes provisions to close surveillance-related loopholes and impose restrictions on surveillance authorized under Executive Order 12333.
The bill has received strong support from privacy advocates and civil libertarians who have long called for reforms to Section 702. The legislation would require the FBI to obtain a warrant before accessing the NSA’s data for information related to Americans, a move that has been met with opposition from the Biden administration, citing national security concerns. Despite this opposition, the bill represents a comprehensive effort to address privacy issues and surveillance reform.
The legislation, designed to curb mass warrantless surveillance of Americans’ data, includes additional revisions and aims to extend Section 702 for another four years.
It also prohibits the monitoring of foreign individuals outside the U.S. as a pretext for surveilling U.S. persons (reverse targeting) and codifies the NSA’s ban on the “Abouts” collection, a practice involving the gathering of digital communications containing incidental mentions of foreign surveillance targets. The proposed changes are intended to enhance oversight and ensure that Americans’ data is only accessed with court approval, aligning with the Fourth Amendment’s protections.
As the legislative process unfolds, it is evident that there is growing momentum for surveillance reforms. While challenges and debates lie ahead, supporters see this as a significant opportunity to ensure that Americans’ Fourth Amendment rights are respected in the context of modern intelligence and data collection practices.
