With the help of 21 Democrats, the U.S. Senate passed the Foreign Intelligence Surveillance Act (FISA) Amendments Reauthorization Act of 2017 on Thursday, a bill that critics argue expands the government’s ability to spy on digital communications without a warrant.
The legislation, which passed the House last week, focuses specifically on Section 702 of the Foreign Intelligence Surveillance Act, which was initially passed as part of the FISA Amendments Act in 2008. The Electronic Frontier Foundation (EFF) explains:
Section 702 is supposed to do exactly what its name promises: collection of foreign intelligence from non-Americans located outside the United States. As the law is written, the intelligence community cannot use Section 702 programs to target Americans, who are protected by the Fourth Amendment’s prohibition on unreasonable searches and seizures. But the law gives the intelligence community space to target foreign intelligence in ways that inherently and intentionally sweep in Americans’ communications.
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