On April 17th,Congressvoted to pass a brief 10-day extension of section 702 of the Foreign Intelligence Surveillance Act (FISA). This sets the new expiration date for April 30th, 2026.

Section 702 was added toFISAin 2008 with a provision that requires Congress to periodically reauthorize it. The measure allows national security agencies like the NSA, FBI and CIA to collect and monitor – without a warrant – any electronic communications sent to and from non-US persons “reasonably believed to be located” outside the US. Notably, Americans who send messages to people abroad may likewise have their data surveilled.

Law enforcement agencies have consistently abused this loophole to spy on US citizens in clear violation of theirFourth Amendmentrights. TheBrennan Center for Justicereports that, in recent years, the government has conducted warrantless “searches for the communications of 141 Black Lives Matter protesters; 19,000 donors to a congressional campaign; members of Congress; multiple U.S. government officials, political commentators, and journalists; and tens of thousands of Americans engaged in ‘civil unrest.’”

Even President Trump alleges being a victim of these “backdoor searches.” Ahead of the last renewal vote in April 2024,Trumpposted on TruthSocial, “KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!! DJT.”

Since returning to the White House, however, his tone has notably shifted. On April 15th,Trumpposted that Republicans must “UNIFY” to pass a “clean extension of FISA 702.” He continues, “While parts of FISA were illegally and unfortunately used against me in the Democrats’ disgraceful Witch Hunt and Attack in the RUSSIA, RUSSIA, RUSSIA Hoax, and perhaps would be used against me in the future, I am willing to risk the giving up of my Rights and Privileges as a Citizen for our Great Military and Country!”

Trump’s strong endorsement of section 702 is unsurprising. His administration has actively worked to undermine the rights and protections the Constitution guarantees. This includes: (i)subpoenaingsocial media sites to turn over the personal data of users who have criticized ICE; (ii) actively exploring a proposal to detain US citizens and deport them to prisons inEl Salvador; (iii) violating states’ rights by threatening to cut funding tosanctuary citiesas well ascommandeering state and local officialsto do the federal government’s bidding; (iv) working to disenfranchise voters via the election-riggingSAVE America Act; (v) his administration’s efforts to restrictbirthright citizenship, among many otherexamples.

Trump is more than willing to riskyourrights and privileges for the sake of the Americahedesires. For a petty narcissist obsessed withrevenge, section 702 is another dangerous and powerful tool for furthering his authoritarian agenda.

Already, Trump is actively exploiting section 702 to advance his illegal wars. On April 14th,heposted, “Our Military desperately needs FISA 702, and it is one of the reasons we have ⁠had ​such tremendous SUCCESS on the ​battlefield, both in Venezuela and Iran.” These ‘successes’ – or more accurately, war crimes and violations of international law – include kidnapping Venezuelan PresidentNicolás Maduro, assassinating Iran’s AyatollahAli Khamenei, and inciting areckless war of choicethat has seen the US and Israel deliberately targetschools,hospitalsandresidential buildings.

The Trump administration perfectly encapsulates the dangers that section 702 presents to the American public and the wider international community. Far from preventing terrorism, section 702 enables it.

To be clear, however, the reasons for ending section 702 go beyond the Trump administration. First, the measure undermines the very rationale for FISA. FISA was enacted in 1978 following the revelations of widespread warrantless surveillance under theNixon administration. This included not only theinfamous Watergate scandal, but also spying onanti-war protestersandcivil rights activistsunder the guise that they were linked to foreign communist groups. FISA requires intelligence agencies to obtain authorization for electronic surveillance and other investigative actions. It also establishes theFISA courtto oversee requests for surveillance warrants.

Source: Antiwar.com