Foreign Intelligence Surveillance Act (FISA) Section 702 allows the U.S. government to engage in mass, warrantless surveillance of Americans and foreigners phone calls, text messages, emails, and other electronic communications. Information collected under the law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Given our nation’s history of abusing its surveillance authorities, and the secrecy surrounding the program, we should be concerned that Section 702 is and will be used to disproportionately target disfavored groups, whether minority communities, political activists, or even journalists.
As section 702 is set to expire at the end of 2023 the US, EU and the world have an opportunity to step to a more transparent society…or, an even more repressed one.
So, what’s wrong with FISA.702?
- Section 702 allows warrantless surveillance of people inside and outside the U.S.
- Despite the fact that the law is not supposed to be used to target Americans, the government has been doing just that for years.
- Information collected under Section 702 could be used against you, and you likely wouldn’t know.
- Section 702 is used to examine communications flowing in and out of the U.S. in bulk.
- Surveillance programs have been abused by the intelligence agencies.
- There is little that prevents Section 702 from being used against critics, activists, religious minorities, or communities of color.
- The program is not subject to any meaningful judicial oversight.
- The government has deliberately chosen to hide the impact of the program from the public.