‘Terrifying’: FISA Bill Set to Include ‘Vast’ New Surveillance Powers Forcing Businesses to ‘Become NSA Spies’

The Senate is set to vote on the FISA reauthorization bill that includes a provision forcing any company or individual that provides ANY communications service to become a pawn of the National Security Agency’s surveillance grid.

The Section 702 provision of the FISA renewal bill requires any company that hosts any form of communication service to surrender surveillance data to the NSA under a gag order if compelled by the agency.

“Buried in the Section 702 reauthorization bill (RISAA) passed by the House on Friday is the biggest expansion of domestic surveillance since the Patriot Act. Senator [Ron] Wyden calls this power ‘terrifying,’ and he’s right,” wrote Elizabeth Goitein, Co-director of the left-leaning Liberty and National Security Program at the Brennan Center for Justice on X Monday.

URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 https://t.co/HAOHURZoJQ

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

I’ll explain how this new power works. Under current law, the government can compel “electronic communications service providers” that have direct access to communications to assist the NSA in conducting Section 702 surveillance. 3/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

“Under current law, the government can compel ‘electronic communications service providers’ that have direct access to communications to assist the NSA in conducting Section 702 surveillance.”

“In practice, that means companies like Verizon and Google must turn over the communications of the targets of Section 702 surveillance. (The targets must be foreigners overseas, although the communications can—and do—include communications with Americans.),” she added.

Through a seemingly innocuous change to the definition of “electronic communications surveillance provider,” an amendment offered by House intel committee (HPSCI) leaders and passed by the House vastly expands the universe of entities that can be compelled to assist the NSA. 5/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

But “an amendment offered by House intel committee (HPSCI) leaders and passed by the House vastly expands the universe of entities that can be compelled to assist the NSA,” she pointed out.

“If the bill becomes law, any company or individual that provides ANY service whatsoever may be forced to assist in NSA surveillance, as long as they have access to equipment on which communications are transmitted or stored—such as routers, servers, cell towers, etc.”

That sweeps in an enormous range of U.S. businesses that provide wifi to their customers and therefore have access to equipment on which communications transit. Barber shops, laundromats, fitness centers, hardware stores, dentist’s offices… the list goes on and on. 7/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

“That sweeps in an enormous range of U.S. businesses that provide wifi to their customers and therefore have access to equipment on which communications transit. Barber shops, laundromats, fitness centers, hardware stores, dentist’s offices… the list goes on and on.”

“It also includes commercial landlords that rent out the office space where tens of millions of Americans go to work every day—offices of journalists, lawyers, nonprofits, financial advisors, health care providers, and more,” she said, adding it also “would encompass hotels, libraries, and coffee shops.”

It also includes commercial landlords that rent out the office space where tens of millions of Americans go to work every day—offices of journalists, lawyers, nonprofits, financial advisors, health care providers, and more. 8/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

But the expanded Section 702 requirements even include services that are provided within individuals’ homes such as “house cleaners, plumbers, people performing repairs, and IT services providers.”

“None of these people or businesses would be allowed to tell anyone about the assistance they were compelled to provide. They would be under a gag order, and they would face heavy penalties if they failed to comply with it,” Goitein wrote.

None of these people or businesses would be allowed to tell anyone about the assistance they were compelled to provide. They would be under a gag order, and they would face heavy penalties if they failed to comply with it. 12/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

She also warned that the the vast new “Orwellian” powers could easily be abused despite assurances by the House Permanent Select Committee on Intelligence that the government wouldn’t abuse the new powers.

“There are certain powers a government should not have in a democracy. The ability to force ordinary businesses and individuals to serve as surrogate spies is one of them. Even if the targets are supposed to be foreigners, a power this sweeping WILL be abused.”

…so they hid the real goal by writing the amendment as broadly and vaguely as possible. But no worries, Americans! The administration isn’t actually going to USE all the power it just persuaded the House to give it. 17/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

The FISA bill is set for a Senate vote on April 19, and the Biden White House is anxious to get it passed.

If there’s an opportunity to remove this provision, senators should remove it. If not, they should vote against the bill,” Goitein wrote.

The White House will tell senators they have no choice other than to pass the House bill, because Section 702 expires on April 19, and trying to fix the House bill—or pass different legislation—would take too long. But the April 19 deadline exists only on paper. 22/25

— Elizabeth Goitein (@LizaGoitein) April 15, 2024

NSA whistleblower Edward Snowden sounded the alarm about these disturbing revelations, calling Goitein’s analysis “the most important thread you will read this year.”

This is the most important thread you will read this year. https://t.co/bOQoEjVoYi

— Edward Snowden (@Snowden) April 15, 2024

The House passed the FISA reauthorization bill on a bipartisan basis last Friday by a vote of 273-147 with the backing of House Speaker Mike Johnson, who previously criticized FISA’s spying powers and storied history of abuse, including against former President Donald Trump in 2016.

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