Two bills, HR 6570 and HR 6611, are currently under consideration by the US House of Representatives for the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA). Section 702 allows US authorities to intercept electronic communications outside the US for foreign intelligence purposes without a warrant, even if involving US citizens. The bills reflect divergent approaches, with HR 6570 seeking reauthorization with robust civil liberties and privacy provisions, while HR 6611, the FISA Reform and Reauthorization Act (FRRA), is raising concerns about potential expansions in the definition of electronic communication service providers (ECSP).
HR 6570, known as the Protect Liberty and End Warrantless Surveillance Act, proposes a reauthorization of Section 702 but with a focus on strengthening civil liberties and privacy protections. Civil rights advocates support this bill, emphasizing its commitment to safeguarding individual rights. On the other hand, HR 6611, the FRRA, introduces changes to the definition of ECSP that could significantly broaden the range of businesses obligated to share data with the US government for surveillance purposes. Critics, including the Brennan Center for Justice, express concerns that the language in HR 6611 could encompass businesses beyond traditional communication service providers, potentially involving entities such as data centers, hotels, and shared workspaces.
The expanded definition in HR 6611 has raised alarms among legal experts and privacy advocates. It includes businesses or entities that have access to the “equipment” used for transmitting or storing communications, extending beyond direct communication service providers. Critics argue that this broad language may encompass a variety of businesses, leading to an overreach of government surveillance. Additionally, concerns have been voiced about the exemption for members of Congress from such surveillance under the FRRA, creating disparities in accountability and oversight. The pending vote on these bills underscores the ongoing debate over the balance between national security needs and individual privacy rights, prompting calls for citizens to engage with their representatives in the decision-making process.
