The Kansas City Star (Sunday)

Senate votes to extend surveillan­ce law

- BY CHARLIE SAVAGE AND LUKE BROADWATER

WASHINGTON

The Senate early Saturday approved an extension of a warrantles­s surveillan­ce law, moving to renew it shortly after it had expired and sending President Joe Biden legislatio­n that national security officials say is crucial to fighting terrorism but that privacy advocates decry as a threat to Americans’ rights.

The law, known as Section 702 of the Foreign Intelligen­ce Surveillan­ce Act, or FISA, had appeared all but certain to lapse over the weekend, with senators unable for most of Friday to reach a deal on whether to consider changes opposed by national security officials and hawks.

But after hours of negotiatio­n, the Senate abruptly reconvened late Friday for a flurry of votes in which those proposed revisions were rejected, one by one, and early Saturday the bill, which extends Section 702 for two years, won approval, 60-34.

“We have good news for America’s national security,” Sen. Chuck Schumer,

D-N.Y., the majority leader, said as he stood during the late-night session to announce the agreement to complete work on the bill. “Allowing FISA to expire would have been dangerous.”

In a statement, Attorney General Merrick Garland praised the bill’s passage, calling Section 702 “indispensa­ble to the Justice Department’s work to protect the American people from terrorist, nation-state, cyber and other threats.”

Before final passage, the Senate rapidly voted down a series of amendments proposed by privacy-minded lawmakers. Approving any of them would have sent the bill back to the House, allowing the statute to lapse for a more significan­t period.

“Any amendment added to this bill at this moment is the equivalent of killing the bill,” warned Sen. Mark Warner, D-Va., the chair of the Intelligen­ce Committee.

While the program has legal authority to continue operating until April 2025 regardless of whether Congress extended the law, the White House sent a statement to senators Friday warning them that a “major provider has indicated it intends to cease collection on Monday” and that another said it was considerin­g stopping collection. The statement did not identify them, and the Justice Department declined to say more.

The statement also said that the administra­tion was confident that the FISA court would order any such companies to resume complying with the program, but that there could be gaps in collection in the meantime – and if a rash of providers challenged the program, the “situation could turn very bad and dangerous very quickly.” It urged senators to pass the House bill without any amendments before the midnight deadline.

But Sen. Rand Paul, the libertaria­n-minded Kentucky Republican, rejected the rationale and said the Senate should be allowed to debate changes even if it would prompt a brief delay.

“This is an argument that has been forced upon us by the supporters of FISA who want no debate and they want no restrictio­ns,” he said. “They want no warrants, and they want nothing to protect the Americans.”

In the end, the bill received the 60th vote it needed to pass just before midnight.

But in a twist, after all the urgency, the Senate kept the vote open for more than 40 additional minutes to accommodat­e Sen. Marsha Blackburn, R-Tenn., who finally showed up in the nearly empty chamber and added a “no” vote.

The defeated amendments included a measure that would have required the government to get a warrant before viewing the contents of Americans’ communicat­ions swept up in the program. It was defeated, 42-50.

Privacy advocates have long sought some form of warrant requiremen­t, which national security officials oppose, saying it would cripple the program’s effectiven­ess. A similar amendment in the House had failed just barely this week on a 212212 tie vote.

The Senate also rejected a proposal to eliminate a provision added by the House that expands the type of service providers that can be compelled to participat­e in the program. The measure is aimed at certain data centers for cloud computing that the FISA court ruled in 2022 fell outside the current definition of which services the statute covers, according to people familiar with the matter.

 ?? ??
 ?? HAIYUN JIANG NYT ?? Sen. Steve Daines, R-Mont., departs the Senate floor during debate over renewing a key portion of the Foreign Intelligen­ce Surveillan­ce Act (FISA) on Friday. The Senate early Saturday voted to renew it shortly after the law had expired.
HAIYUN JIANG NYT Sen. Steve Daines, R-Mont., departs the Senate floor during debate over renewing a key portion of the Foreign Intelligen­ce Surveillan­ce Act (FISA) on Friday. The Senate early Saturday voted to renew it shortly after the law had expired.

Newspapers in English

Newspapers from United States