Despite spending much of the last twelve months denouncing the legitimate threat posed by President Donald Trump’s penchant for authoritarian policies and behavior, 65 Democrats in the U.S. House of Representatives on Thursday joined with 191 Republicans in passing a bill that advocates of civil liberties warn will lead to the wholesale violation ‘of privacy rights for everyone in the United States.’
While the final vote on the FISA Amendments Reauthorization Act of 2017 (or S.139)—which included renewal of the controversial Section 702 which allows government agencies to spy on the emails, text messages, and other electronic communications of Americans and foreigners without a warrant—was 256 to 164 in favor of passage, the partisan breakdown revealed that Republicans in the majority needed a great deal of Democratic support in order to have it pass.
Fear and Mass Surveillance: Our Constitutionally Toxic Political Cocktail
At 12:51pm on January 18, 2018–just a day before it was set to expire–the Senate followed the House’s lead and reauthorized the Foreign Intelligence Surveillance Amendments Act (FAA) Section 702 mass surveillance program for another six years by a vote of 65-34.
Writing for JustSecurity.org in October 2017, I made this prediction about the then-looming debate over extending the mass surveillance authority embodied in Section 702: