Tag: Amash

House Votes To Reauthorize FISA Section 702 Mass Surveillance Program

Two months of drama in the House of Representatives over the soon-to-expire FISA Section 702 mass surveillance program came to an end this morning, with a bipartisan group of House members first defeating a FISA reform amendment (USA RIGHTS Act) offered by Rep. Justin Amash (R-MI), then passing the GOP House leadership bill. The key votes in support of the GOP House leadership effort came from Democrats, including Minority Leader Nancy Pelosi (D-CA) and House Intelligence Committee Ranking Member Adam Schiff (D-CA).

The progressive activist group Demand Progress, which spearheaded the campaign on the political left for meaningful surveillance reforms, issued a blistering statement after the vote, the key paragraph of which follows:

Demand Progress has opposed the FISA Amendments Reauthorization Act from the start and has instead urged the House to pass strong reform legislation, like the USA RIGHTS Act, which was offered as an amendment but defeated 183-233, despite strong support from members of both parties. 55 Democrats voted against the amendment, where a swing of 26 votes would have meant its adoption and the protection of Americans’ privacy. The USA RIGHTS amendment would have enacted meaningful reforms to Section 702, which are imperative given the government’s historical abuse of surveillance authorities and the danger posed by future abuses.

Amash garnered 58 GOP votes for his amendment (offered with several other Democratic and Republican House members), by far his best showing since his first attempt to rein in federal mass surveillance programs in the summer of 2013, in the wake of Edward Snowden’s revelations. 

The FISA Amendments Act was first passed in 2008, when Pelosi was Speaker. In her floor speech in support of the FISA Amendments Act on June 20, 2008, Pelosi made this claim:

Some in the press have said that under this legislation, this bill would allow warrantless surveillance of Americans. That is not true. This bill does not allow warrantless surveillance of Americans. I just think we have to stipulate to some set of facts.

In fact, as Demand Progress noted in their 2017 report on Section 702, the FISA Court itself found the federal government had done exactly that in a number of cases. But as is so often the case in politics, it is emotion and perception, not facts and reason, that dominate debate on Capitol Hill. Today was another one of those days.

 

Trump Undermines House GOP Leadership On FISA Reauthorization

Last night, the Office of Management and Budget (OMB) issued a Statement of Administration Policy (SAP) opposing the FISA Amendments Act Section 702 reform amendment offered by House members Ted Poe (R-TX), Zoe Lofgren (D-CA), Justin Amash (R-MI), Thomas Massie (R-KY) and several dozen others. Around the same, time GOP House Whip Steve Scalise’s office circulated an email to all GOP members that included a falsehood-laden attack on bipartisan FISA reform amendment authored by House Intelligence Committee chairman Devin Nunes (R-CA):

GOP Whip Scalise email on FISA Sec. 702 alternative

In fact, the Poe/Lofgren/Amash/Massie substitute creates no such “barriers”–it would require federal authorities to get a probable cause-based warrant to search the stored communications of Americans acquired under Section 702. Exactly as the Fourth Amendment requires.

This morning, President Trump tweeted what appears to be opposition to the reauthorization of Section 702:

President Trump tweet on FISA Sec. 702 reauthorization

The House convenes at 9am today. The vote on the House GOP FISA Section 702 reauthorization bill and the Poe/Lofgren/Amash/Massie alternative will likely take place sometime between 10:30 and 11am. A live feed of the debate is available on the House Clerk website.

House FISA Reform Battle Enters Final Stage

Last night, the House Rules Committee made in order one alternative to the HPSCI FISA Sec. 702 reauthorization bill, the USA Rights Act. You can view the Rule here

The bill was originally introduced in the Senate by Ron Wyden (D-OR) and Rand Paul (R-KY). You can view a one-pager on the USA Rights Act here.  

None of this would have happened without the relentless effort of Rep. Justin Amash (R-MI) and a number of his House Freedom Caucus colleagues, who’ve made clear for some time that they would not support the reauthorization of the extremely controversial (and constitutionally dubious) FISA Sec. 702 mass surveillance program in its current form. Amash is an original cosponsor of the House version of the USA Rights Act. 

To be clear, the USA Rights Act is itself a significantly deficient surveillance reform measure. The bill does not require the IC/FBI to purge their databases of data on Americans not the subject of a criminal investigation, nor does it mandate the kind of GAO audits that are necessary to truly help end surveillance abuses. It also accepts the USG framing that 702 is necessary, legitimate, and effective—assertions I’ve challenged previously. 

Despite those serious flaws, the USA Rights Act is a vastly more comprehensive FISA Sec. 702 reform measure than every existing alternative. It restores the 4th Amendment probable cause standard for searches of the data of Americans stored on FBI or IC IT systems, and it makes it easier for innocent Americans to sue the federal government for unlawful spying. And precisely because it would, if enacted, give citizens more tools to discover if they are the targets of unlawful or politically-motivated surveillance, I expect the House GOP leadership to do everything possible to defeat it on the House floor, as will the IC/FBI. Even if the USA Rights Act passes, the House GOP leadership has shown time and again that they are willing to ignore the will of the House and strip out real surveillance reform measures in conference with the Senate, as I’ve explained elsewhere

All of which underscores a point I’ve made for years: traditional advocacy on surveillance issues has generally proven ineffectual in stopping, much less rolling back, post-9/11 surveillance powers that we know have been abused. The reason is simple. The groups that lobby on these issues do not engage in electoral politics—which means politicans can vote for more surveillance powers in the name of “public safety” without fear of organized, targeted political reprisal from Bill of Rights supporters. Until that dynamic changes, enduring surveillance reform will remain elusive.