Congress braces for tense debate on surveillance law

Privacy advocates face off against national security hawks over rules

WASHINGTON—Lawmakers are facing a potentially bruising fight over a surveillance law that expires Dec. 31 and must be extended in time to preserve what U.S. spy agencies consider a vital piece of their arsenal.

Congress has to extend the 2012 FISA Amendments Act, which will pit the Trump administration and national security hawks in Congress who favor a permanent reauthorization with no changes, against lawmakers of both parties, libertarians, privacy advocates and communications companies seeking to tighten protections for U.S. persons whose communications may get caught up in the wide electronic net cast by spy agencies.

The U.S. intelligence community, led by Director of National Intelligence Dan Coats, has staked out its position: a permanent reauthorization of the law without any changes. A bill sponsored by Sen. Tom Cotton, R-Ark., would do just that.

The legislation has the backing of 13 Republican senators, including Intelligence Chairman Richard M. Burr of North Carolina, Armed Services Chairman John McCain of Arizona and Lindsey Graham of South Carolina, a strong voice on national security matters.

Coats and Thomas P. Bossert, White House adviser on homeland security and counterterrorism, have said the existing law defends the United States from terrorism, weapons proliferation and foreign espionage, and therefore should be made permanent without any changes.

Those calling for reforms and tightening of privacy protections include the world’s top technology companies such as Amazon, Google, Facebook and Intel as well as privacy advocates and lawmakers of both parties.

Passage of any legislation will likely hinge on several key Republican lawmakers including, Sen. Rand Paul of Kentucky, who has consistently opposed surveillance programs, as well as lawmakers like Sen. Dean Heller of Nevada, who has called for greater transparency on surveillance programs.

It would also depend on key Democrats like Sen. Dianne Feinstein of California, the ranking member on the Judiciary committee, who also serves on the Intelligence committee. During a June hearing of the Judiciary committee, Feinstein said she favored a temporary extension of Section 702 of the FISA law.

“I believe any reauthorization should include a sunset provision, and without it, it will not have my support,” Feinstein said.

Asked Thursday if she would back the privacy protections being sought by advocates, she said, “I haven’t really gotten into it yet so I don’t want to say what I’m for and what I’m not for.”