Episode 119. FISA 702 Explained: Is Your Privacy at Risk?

Show Notes:

Episode 119. FISA 702 Explained: Is Your Privacy at Risk?

In this episode, host Alex Ooley discusses the reauthorization of FISA 702, a provision of the Foreign Intelligence Surveillance Act that allows the government to conduct targeted surveillance of foreign nationals without a warrant. He explains the significant privacy implications of this provision and highlights instances of abuse by intelligence agencies. The episode also covers the failed attempt to impose a warrant requirement through the Biggs Amendment and the concerns raised by civil liberties organizations. The host emphasizes the importance of protecting privacy rights and urges listeners to be engaged citizens in order to prevent encroachments on their freedoms.

Chapters
00:00 Introduction and Background on FISA 702
06:26 Concerns about Privacy and Abuse
13:59 The Failed Attempt to Impose a Warrant Requirement
27:53 The Importance of Protecting Privacy Rights

Takeaways
FISA 702 allows the government to conduct targeted surveillance of foreign nationals without a warrant, but it has significant privacy implications for American citizens as well.
There have been numerous instances of abuse by intelligence agencies, including the wrongful search of foreign surveillance data for the names of US senators and state judges.
The Biggs Amendment, which would have imposed a warrant requirement for surveillance involving American data, failed to pass in the House of Representatives.
Civil liberties organizations have long opposed FISA 702, arguing that it violates privacy rights and allows for the collection of information without a warrant.
It is important for citizens to be engaged and hold their representatives accountable to protect their privacy rights and prevent encroachments on their freedoms.

Sound Bites
"The critics of section 702 worry that... powers are too broad and allow for the incidental collection of data on U.S. citizens and that the provision is ripe for abuse."
"Section 702 clearly is a blatant violation of the Fourth Amendment."
"The amendment to require the government to obtain a warrant to search Section 702 data for Americans communications failed by an achingly close vote of 212 to 212."

Resources:

Elizabeth Goitein on X
https://twitter.com/LizaGoitein/status/1778844476607201640

Final Vote Results for Roll Call 114
https://clerk.house.gov/evs/2024/roll114.xml

Rand Paul on X (@RandPaul):
https://twitter.com/RandPaul/status/1780627078645248462

TenthAmendmentCenter on X (@TenthAmendment)
https://twitter.com/TenthAmendment/status/1780732125236367481

Letter from 21 Privacy Companies
cdt.org/wp-content/uploads/2023/06/Coalition-Statement-for-Record-Senate-Judiciary-Hearing-on-Section-702-6-12-23.pdf

Edward Snowden (@Snowden) / X
https://twitter.com/Snowden

FISA Section 702: What it is and why Congress is debating it
https://www.nbcnews.com/politics/congress/section-702-foreign-intelligence-surveillance-act-congress-what-know-rcna96259

Statement by National Security Advisor Jake Sullivan on the Upcoming Vote on Reauthorization and Reform of FISA Section 702 | The White House
https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/17/statement-by-national-security-advisor-jake-sullivan-on-the-upcoming-vote-on-reauthorization-and-reform-of-fisa-section-702/

Bad Amendments to Section 702 Have Failed (For Now)—What Happens Next? | Electronic Frontier Foundation
https://www.eff.org/deeplinks/2024/04/bad-amendments-section-702-have-failed-now-what-happens-next

What is Section 702? | Learn Liberty
https://www.learnliberty.org/videos/what-is-section-702/

Naomi Brockwell (@naomibrockwell) / X
https://twitter.com/naomibrockwell

What is the FISA court, and why is it so secretive? | CNN Politics
https://www.cnn.com/2017/03/08/politics/fisa-court-explainer-trnd/index.html

Keywords

FISA 702, Foreign Intelligence Surveillance Act, privacy, warrant requirement, abuse, civil liberties, surveillance, Fourth Amendment

Tags:

#liberty
#freedom
#personalresponsibility
#government
#dueprocess
#Constitution
#FISA
#FISA
#section702
#NSA
#FBI
#foreignintelligence
#spying
#tyranny
#warrant
#probablecause
#4thAmendment
#4A

DISCLAIMER: This podcast is for informational purposes only and should not be considered legal, medical, or financial advice. The views expressed in this podcast are those of the hosts and guests and do not necessarily reflect the views of any organizations or individuals they may mention. The hosts and guests are not liable for any damages that may result from someone listening to this podcast.