House Judiciary Committee Chairman Jim Jordan is advocating for the intelligence community to obtain a warrant before searching Americans’ data through the government surveillance tool known as Section 702 of FISA. Jordan emphasized the importance of protecting Americans’ constitutional liberties unless there is an emergency.
The House of Representatives is currently deliberating the renewal of FISA’s Section 702, a controversial provision that has sparked debate among lawmakers from both parties. Some argue that Section 702 infringes on privacy rights, while others contend that it is crucial for preventing terror attacks.
Section 702 of the Foreign Intelligence Surveillance Act permits targeted surveillance of non-U.S. persons abroad to gather foreign intelligence. However, when U.S. citizens are implicated in these investigations, the FBI takes over the process of querying them for security reasons.
Jordan stressed the necessity of a warrant requirement, citing concerns about Americans’ data being inadvertently collected when the intelligence community gathers vast amounts of information. He proposed that obtaining a warrant before searching the database for Americans’ information is a fundamental safeguard.
Recent revelations have shown instances of the FBI improperly using warrantless search powers against U.S. citizens, including individuals involved in the Capitol riot, George Floyd protesters, and donors to a congressional candidate. In response to these errors, the FBI has revised its querying procedures to prevent future lapses.
Jordan underscored the need for a warrant from a separate branch of government, except in emergency situations, to search Americans’ data. He highlighted bipartisan support for this amendment, including backing from progressive lawmakers like Rep. Jerrold Nadler and Rep. Pramila Jayapal.
Despite bipartisan support, House Speaker Mike Johnson expressed reservations about the warrant requirement, suggesting that the language might be too restrictive. Johnson argued that the existing reforms in the FISA Act strike a balance between protecting civil liberties and ensuring public safety.
The Reforming Intelligence and Securing America Act, a compromise bill between House committees, aims to address reported abuses by instituting safeguards on accessing Section 702-collected data, particularly concerning U.S. citizens. It also seeks to criminalize the improper use of backdoor loopholes to access Americans' data.
