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The 702 Ultimatum: Warrant Requirement or Bust
The 702 Ultimatum: Warrant Requirement or Bust
Summary
Directly documents ongoing mass surveillance infrastructure (FISA 702) enabling warrantless FBI access to Americans' digital communications, representing systematic privacy erosion and state surveillance expansion.
For months now, Congress has been kicking the ball down the road— temporarily postponing the expiration of the mass surveillance authority Section 702 of FISA in hopes that some consensus could be reached. Now, with the deadline looming, the stakes have never been higher. Nearly every time the statute has come up for renewal, the people demanding privacy and civil liberties have had to compromise, but with current negotiations seemingly at an impasse, it’s time for surveillance maximalist lawmakers to come to the table.
We say to the Intelligence Community crowd: Section 702 should require a warrant before the Federal Bureau of Investigation can look at digital communications collected from Americans. If not, we should let the whole thing expire.
This is a serious proposition. The intelligence community can keep a useful national security surveillance tool if and only if they make FBI agents get a warrant signed by a judge before they sift through and read out private communications. A warrant requirement is not the only demand EFF has been making for changing Section 702, but it is the most important reform and it should happen before there is any more reauthorization of the policy.
For too long, the FBI has been able to piggyback on a major national security tool as an unconstitutional backdoor way of reading Americans’ communications. 702 collects communications going to, from, or between people in other countries—including when they are contacted by people in the United States. Mass surveillance is just that—mass. It’s lacking any of the individualized suspicion that our legal system is based on.
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TELL congress: 702 Needs Reform
So, what’s been happening?
On one side are surveillance hawks and intelligence community-devotees who think the mass surveillance of Americans is an acceptable, even valuable, product of this authority . This bipartisan coalition of privacy deniers think that 702 should be extended without any change, a
mass surveillance authority
warrantless digital monitoring
FISA Section 702
privacy erosion
government overreach
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