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Congress Again Fails to Limit Scope of Spy Powers in New Defense Bill
- The US Senate passed the National Defense Authorization Act (NDAA) on Wednesday but stripped the bill of provisions designed to safeguard against excessive government surveillance.
- The Senate’s 85–14 vote cements a major expansion of a controversial US surveillance program, Section 702 of the Foreign Intelligence Surveillance Act (FISA).
- Biden’s signature will ensure that the Trump administration opens with the newfound power to force a vast range of companies to help US spies wiretap calls between Americans and foreigners abroad.
- Senate Democrats made little effort to rein in the program despite concerns about unprecedented spy powers falling into the hands of controversial figures such as Kash Patel.
- Legal experts began issuing warnings last winter over Congress’s efforts to expand FISA to cover a vast range of new businesses not originally subject to Section 702’s wiretap directives.
- However, efforts to correct the issue proved to be in vain.
- Wiretap orders executed under Section 702 are never reviewed by a federal judge.
- Marc Zwillinger wrote in April that the changes to the 702 statute mean that 'any US business could have its communications [wiretapped] by a landlord with access to office wiring, or the data centers where their computers reside'.
- FBI director Chris Wray announced plans last week to voluntarily step down at the conclusion of Biden’s term, potentially clearing the way for a Republican-controlled Congress to fast-track Patel’s confirmation.
- Patel has falsely accused Biden of rigging the 2020 presidential election and has vowed to bring cases 'criminally or civilly' against members of the press.
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