Bill to Reauthorize Section 702 of the Foreign Intelligence Surveillance Act Harms Americans’ Privacy, Says OTI

This week, the House of Representatives is expected to vote on a bill, the Reforming Intelligence and Securing America Act (RISAA), to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA). On April 5, the Open Technology Institute (OTI), a New America program fostering equitable access to digital technology and its benefits, joined a coalition of more than 30 civil society organizations urging the House not to take up RISAA without urgently needed amendments. In response to the expected vote, the program issued the following statement from Prem M. Trivedi, Policy Director of OTI:

House Speaker Mike Johnson is advancing a bill that would further erode Americans’ right to privacy. RISAA not only fails to meaningfully reform Section 702 of FISA, but it also weakens the existing oversight regime.

Section 702 of FISA is a vital foreign intelligence tool, but it’s one that has been repeatedly abused to spy on Americans, including protesters, political donors, lawmakers, and journalists. Credible bipartisan reforms are essential to preventing U.S. foreign intelligence activities from disproportionately impacting the privacy and speech rights of Americans—particularly Americans of color and those with ties to communities outside of the United States.

In a coalition letter, more than 30 civil society organizations—including OTI—spotlighted amendments to RISAA that must be made for the sake of Americans’ privacy. These include

• closing the Section 702 “backdoor search” loophole by requiring the CIA, FBI, and NSA to obtain a warrant or FISA Title I order before searching 702 data for Americans’ communications, including phone calls, text messages, and emails
• and closing the data broker loophole by requiring law enforcement and intelligence agencies to obtain a warrant, court order, or subpoena before acquiring sensitive Fourth Amendment-protected information about Americans that they now purchase directly from data brokers.

There are alternative bills available that demonstrate that rights-protective surveillance reform is compatible with protecting national security. For example, OTI has previously endorsed the SAFE Act and the Protect Liberty and End Warrantless Surveillance Act. We urge the House to avoid a rushed vote that would preserve a status quo that is not working. Americans and Members of Congress from both parties have demanded meaningful reforms to 702 and data brokers’ practices. Those reforms are what we deserve.