RISAA Expands The Surveillance State
Time to call your Senator, again...
The Reforming Intelligence and Securing America Act (RISAA) has ignited a complex debate regarding its alignment with constitutional rights, particularly concerning the extension of government surveillance capabilities under Section 702 of the Foreign Intelligence Surveillance Act (FISA). Advocates of the Act argue it introduces necessary reforms aimed at enhancing oversight and transparency, which purportedly bolster the government's ability to safeguard national security while respecting civil liberties. Critics, however, raise significant concerns about the potential erosion of privacy rights. I guess that makes me a critic.
Section 702 of the Foreign Intelligence Surveillance Act, which is scheduled to expire on April 19 unless renewed, is a warrantless surveillance authority that is supposed to be targeted at non-Americans located abroad. But this collection “inevitably” captures Americans’ communications, too. Intelligence agencies have turned Section 702 into a domestic spying tool, using it to perform hundreds of thousands of warrantless “backdoor” searches for Americans’ private phone calls, e-mails, and text messages every year. These searches have included shocking abuses, including baseless searches for the communications of 141 Black Lives Matter protesters, members of Congress, 19,000 donors to a congressional campaign, a local political party, and tens of thousands of people involved in “civil unrest.” Lawmakers from both parties have thus vowed not to reauthorize the law without “significant reforms.” Or so they said…
The RISAA proposes several specific provisions that have drawn criticism for potentially expanding surveillance. Firstly, the Act seeks to reauthorize Section 702 for an additional five years, but with modifications that could broaden the scope of surveillance. It requires all FISA applications to be accurate and complete, which, while ostensibly a measure for accountability, does not necessarily limit the scope of data collection. Moreover, the Act implements new penalties for violations of FISA's provisions, which some interpret as a deterrent against leaking information about surveillance practices, thereby limiting public and individual awareness when personal data is collected. It’s also not expected to significantly change the ongoing abuses.
Particularly contentious is the expansion of the definition of who can be surveilled and under what circumstances. The expansion of businesses involved in "communications" under the Reforming Intelligence and Securing America Act (RISAA) is detailed in the amendment to Section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 (FISA). This section now includes a new subparagraph (E) that expands the definition of an electronic communication service provider to include any service provider who has access to equipment used to transmit or store wire or electronic communications. This is a broad definition that could potentially encompass a wide range of businesses involved in data handling or communications infrastructure.
The specific text of the amendment is as follows:
Any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as a public accommodation facility, a dwelling, a community facility, or a food service establishment .
When you think about how many places have free wifi these days, this is more than a little concerning, not to mention “service providers” who might have access to your home wifi while working in your home. This broad definition significantly expands the scope of entities that could be compelled to turn over communications data to government agencies under FISA, reflecting an increase in the government's surveillance capabilities through legislative means. Critics argue this extension infringes on privacy rights and lacks sufficient checks to prevent abuse. The introduction of stiffer penalties for unauthorized disclosure of surveillance operations further compounds these issues, as it could prevent whistleblowers from exposing overreach.
This expansion ties into a broader historical context where legislation has progressively expanded government surveillance capabilities, often at the expense of individual rights. As I have written previously, such legislative trends reflect a recurring theme where security / safety concerns are cited to justify extensive and intrusive surveillance measures.
If you want to push back on this vile legislation, the Electronic Frontier Foundation has been leading the charge and can help connect you with your Senators in Washington here.
In conclusion, while the Reforming Intelligence and Securing America Act aims to address and reform issues within the existing surveillance framework, it basically preserves the status quo and introduces new risks to privacy and civil liberties. Its implications reflect a continuing legislative trend that prioritizes broad surveillance powers, potentially at the cost of constitutional protections. For a deeper look into the erosion of rights over time, check out my past post for more context:
Not financial or legal advice, for entertainment only, do your own homework. I hope you find this post useful as you chart your personal financial course and Build a Bitcoin Fortress in 2024.
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