The USA Liberty Act: House Judiciary’s Proposed Reauthorization of Section 702

Disir

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Last week, members of the the House Judiciary Committee (HJC) introduced the“Uniting and Strengthening American Liberty Act of 2017,” known as the “USA Liberty Act.” A discussion draft of the bill had been circulating since a few days prior to introduction. The bill reauthorizes, with changes, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which it is set to expire on December 31, 2017.

The last time Congress had to reauthorize authority for Section 702 was in 2012, which was a fairly uncontroversial process of “clean” reauthorization supported by the Obama administration. Today, the political landscape is quite different. In the intervening five years, the Snowden leaks and other developments have substantially shifted debates regarding national security measures and privacy. Representatives are split on whether Section 702 needs reform and increased oversight. The lines drawn do not strictly follow party affiliations; the majority of Republican lawmakers supported the clean bill in 2012 but some have since expressed qualms over the program’s reach.

Few people question the integral role Section 702 plays in foreign intelligence collection and our national security. In his February confirmation hearing, Dan Coats, then the nominee to be the director of national intelligence (DNI), called Section 702 the “crown jewel” of the intelligence community. Still, the debate on surveillance reform has yet to be resolved. While the HJC bill—sponsored by Reps. Goodlatte, Conyers, Sensenbrenner, and Jackson Lee—proposes temporary reauthorization of 702 with some reforms, over in the Senate intelligence committee, Senator Tom Cotton has introduced a bill pushing for 702 to be reauthorized in its existing form, but without a sunset.
The USA Liberty Act: House Judiciary’s Proposed Reauthorization of Section 702

Change is on the horizon.
 

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