May 27, 2020–Due Process Institute supports the USA FREEDOM Reauthorization Act (H.R. 6172). We urge a YES vote in support of long overdue reform of FISA surveillance, regardless of whether additional reform amendments are successful.
Two weeks ago, the Senate successfully passed the USA FREEDOM Reauthorization Act (previously passed by the House) with the addition of one important bipartisan amendment improving third-party oversight and input into the Foreign Intelligence Surveillance Court process. The legislation the Senate passed—which does not include every reform that is necessary to address all of our concerns with FISA surveillance in the United States—still represents a major improvement over current law.
USA FREEDOM Reauthorization Act Highlights
- Ends authorization for the NSA’s constitutionally questionable Call Detail Records program
- Requires a warrant for cell site location, GPS information, and anything in which a person holds a “reasonable expectation of privacy”
- Limits the use of information collected through FISA in traditional criminal or civil court proceedings
- Limits retention of the significant amount of information the government collects under Section 215 of the Patriot Act
- Improves the transparency an oversight of some FISA activities
- Strengthens third-party oversight of federal agency activities allowed under FISA
The House has an opportunity to further protect our Fourth Amendment rights by adopting additional reform amendments before passing the underlying legislation. These amendments would ensure the reasonable Constitutional safeguard of a warrant is met before the government can search through our personal information—an extraordinary power that our Founding Generation understood could be abused. But regardless of the success of such amendments, we urge a YES vote on the meaningful improvements contained in H.R. 6172.
Please watch our explainer video for more on the importance of reforming FISA.