OTI Condemns Senate Vote to Prevent Debate on Section 702
Today, with a razor-thin margin of 60-38, the Senate voted to invoke cloture and prevented a public debate on the FISA Amendments Reauthorization Act of 2017 (). (OTI) and a coalition of strongly oppose the bill. It provides for no meaningful Section 702 reforms, and it will the government鈥檚 most concerning practices under Section 702 of the Foreign Intelligence Surveillance Act (FISA): warrantless searches of Americans鈥 incidentally collected communications, known as 鈥渂ackdoor searches;鈥 and collection of communications that are not 鈥渢o鈥 or 鈥渇rom鈥 a target, but that contain a target鈥檚 鈥渟elector鈥 (ex. phone number or email), called 鈥渁bouts鈥 collection.
The bill was drafted by the Senate and House Intelligence Committees in secret, and has received . OTI thanks the bipartisan group of members who opposed cloture. Despite their efforts, today鈥檚 vote precludes any opportunity for open debate or an amendment process going forward.
The following quote can be attributed to Robyn Greene, Policy Counsel and Government Affairs Lead at 麻豆果冻传媒鈥檚 Open Technology Institute:
鈥淭oday鈥檚 cloture vote guarantees that this controversial bill will never be debated in public in any meaningful way, and that there will be no opportunity to amend it to include actual reforms to Section 702, or, at the very least, to ensure it does no harm. The current bill鈥檚 warrant requirement is the definition of fig leaf reform, and its so-called reform of 鈥渁bouts鈥 collection could actually expand the government鈥檚 surveillance authority rather than rein it in. Without substantial amendments, this bill is worse than a clean reauthorization with a sunset.
鈥淢embers who vote for this bill later this week will be voting to give the Trump administration and every administration that follows sweeping surveillance authorities without providing any meaningful reforms. This bill is bad medicine and the Senate should reject it and demand the opportunity to vote on a bill that is written to protect Americans鈥 privacy, rather than the intelligence community鈥檚 convenience.鈥