Tuesday, January 2, 2018

No Foreign Spy Program Reauthorization Without Citizen Protections

The federal government has no business using information gathered under the Foreign Intelligence Surveillance Act against Americans.


The federal government's greatest constitutional responsibility is keeping America safe and secure. One of many tools in its arsenal is the Foreign Intelligence Surveillance Act (FISA), which was meant to strengthen our ability to monitor foreign threats.
Since the intention of FISA is to spy on foreigners, we don't require that the government obey the Constitution. The Fourth Amendment protections of privacy are not extended to foreigners.
Congress agreed to a less-than-constitutional standard as long as the targets were foreigners in foreign lands. Even many privacy advocates can accept this lower standard for foreign intelligence. But few, if any, privacy advocates believe that information vacuumed up without constitutional protections should be used against Americans accused of domestic wrongdoing.
Unfortunately, that's what we believe is happening now. In the vast dragnet of data files collected on foreigners under Section 702 of FISA, millions of bits of information are also collected on Americans. We don't know the exact amount because our overlords in the intelligence community won't tell us.
Apologists for any and all spying on anyone anywhere, foreign or domestic, want to permanently reauthorize this program. Permanent reauthorization would mean Congress would never again debate or oversee any abuses in this spy program. I can't think of an approach more callous in its disregard for our cherished Bill of Rights.

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