Legislative Chess: PLEWSA vs. FRRA in the Section 702 Saga

 

In the halls of the United States, a crucial conflict over the future of America’s global spy program is developing in the House of Representatives, notably in the context of the reauthorization of Section 702 surveillance. Two notable measures, each claiming to reform and revitalize a surveillance program plagued by “persistent and widespread” abuse, are making their way through the legislative process, promising sweeping reforms while raising worries about Americans’ privacy and civil liberties.

Section 702, a surveillance program that permits the US government to gather huge amounts of communication data, including phone calls, emails, and text messages, is at the heart of this congressional conflict. Notably, a substantial percentage of this data pertains to American citizens, permanent residents, and those residing in the United States who are neither accused nor suspected of any criminal action.

Both measures under discussion would extend the life of Section 702, but the devil is in the details of the amendments they would enact. The Protect Liberty and End Warrantless Surveillance Act (PLEWSA), presented by Representative Andy Biggs, is a significant step toward protecting Americans’ privacy. It requires the Federal Bureau of Investigation (FBI) to acquire warrants before accessing communications of Americans collected under Section 702.

On the other hand, the second bill, the FISA Reform and Reauthorization Act (FRRA), introduced by the House Intelligence Committee, lacks an equivalent safeguard. This critical distinction sets the stage for a contentious debate on the House floor.