Demand Progress

Keep warrantless government spying out of the defense authorization bill!

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    Keep warrantless government spying out of the defense authorization bill!

    Petition Congress:
    There’s no place for an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) in the National Defense Authorization Act (NDAA). We urge you to oppose inclusion of any Section 702 extension in the NDAA.

    This week, Congressional leaders are again trying to quietly and quickly get Congress to approve unconstitutional, warrantless mass surveillance.1

    Rather than allowing debate on major privacy protections, some members are trying to jam an extension of a controversial warrantless surveillance power — Section 702 of the Foreign Intelligence Surveillance Act (FISA) — into a “must-pass” defense authorization bill.1

    Section 702 has been abused in ways that violate Americans’ fundamental civil liberties and civil rights. FBI agents have used 702 to search through troves of warrantlessly acquired communications for conversations with tens of thousands of protestors, racial justice activists, journalists, donors to a Congressional campaign, and countless others.2

    We must fight for privacy protections and stop Congress from sneaking 702’s extension into “must-pass” legislation!

    Warrantless government surveillance of Americans under Section 702 is out of control, and particularly hurts marginalized communities. The large number of documented abuses by agencies like the NSA, CIA, and FBI include searches for: 141 racial justice protestors, two men “of Middle Eastern descent” who were handling cleaning supplies, mosques that were intentionally mislabeled to prevent oversight, and a state court judge who reported civil rights violations to the FBI.2

    Even though the Fourth Amendment protects our right to keep our information private, the government is collecting troves of our data without a warrant.

    Any extension of Section 702 would allow the government to obtain new year-long Section 702 certifications at the beginning of the year — allowing this unaccountable, abusive government spying to continue into 2025.

    Congressional leaders know that mass surveillance is unpopular, which is why they want to quietly slip it into the defensive authorization bill. We need to let them know that we’re watching and won’t let it happen.

    Sources:

    1. Brennan Center, "Coalition Letter Urges Congressional Leaders to Keep Reauthorization of Section 702 Out of NDAA," November 21, 2023.
    2. Brennan Center, “FISA Section 702: Civil Rights Abuses,” November 27, 2023.