Criticism of the law passed by the US House of Representatives to 'hand over all corporate and personal information to the government' has been mounting, with former NSA employee Edward Snowden pointing out that it is 'an attempt to take over the Internet.'
The proposed amendments to
Tell the US Senate: STOP RISAA, the FISA Mass Surveillance Expansion | EFF Action Center
https://act.eff.org/action/tell-the-us-senate-stop-risaa-the-fisa-mass-surveillance-expansion
The traditional FISA is a law that allows the government to monitor foreigners in the United States to look for signs of terrorism or espionage from other countries. FISA is supposed to prohibit the intentional monitoring of Americans who are not supposed to be monitored, but it has been pointed out that the NSA and FBI are intercepting the communications of innocent Americans as 'accidental.'
In addition, it is possible to search accidentally intercepted communications of Americans without a warrant for probable cause. The Electronic Frontier Foundation pointed out that 'the government has abused FISA to create databases of American citizens' communications. In 2021 alone, the FBI used identifiers of American citizens to obtain personal information on approximately 3.4 million items without a warrant.'
FISA was scheduled to expire on April 19, 2024, but the US House of Representatives passed the Section 702 Reauthorization Act (RISAA), which amended FISA, by a majority vote. When RISAA was passed, some members of Congress requested the addition of a requirement that 'a warrant be required for surveillance of Americans,' but this request was not granted.
NEW: House votes 273-147 to extend FISA Section 702 surveillance powers for two years.
— Sahil Kapur (@sahilkapur) April 12, 2024
After rejecting an amendment to bolster warrant requirement when spying involves US persons.
126 Rs and 147 Ds voted for the bill.
Now to the Senate.
Deadline: April 19 https://t.co/NrutHSKqrM
Under FISA, the government could compel 'electronic communications service providers' with direct access to communications to assist the NSA in conducting surveillance. RISAA expands the definition of 'electronic communications service provider.'
Through a seemingly innocuous change to the definition of “electronic communications surveillance provider,” an amendment offered by House intel committee (HPSCI) leaders and passed by the House vastly expands the universe of entities that can be compelled to assist the NSA.
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
Previously, the term 'electronic communications service provider' under FISA included internet service providers (ISPs) such as Verizon and Google. Under RISAA, however, any company or individual with access to routers, servers, cell towers, or other equipment capable of transmitting communications or storing information will be defined as an 'electronic communications service provider.'
If the bill becomes law, any company or individual that provides ANY service whatsoever may be forced to assist in NSA surveillance, as long as they have access to equipment on which communications are transmitted or stored—such as routers, servers, cell towers, etc.
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
Elizabeth Goitein, co-director of the Brennan Center for Justice , points out that even businesses that provide Wi-Fi and access to communicating devices to their customers, such as barber shops, laundromats, fitness centers and dentist offices, qualify as 'electronic communications service providers' under RISAA.
That sweeps in an enormous range of US businesses that provide wifi to their customers and therefore have access to equipment on which communications transit. Barber shops, laundromats, fitness centers, hardware stores, dentist's offices… the list goes on and on.
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
In addition, plumbers and repairmen who visit users' homes to provide services would also be considered 'electronic communications service providers,' meaning that visiting contractors could access users' laptops and routers and act as 'proxy spies.'
The amendment even extends to service providers who come into our homes. House cleaners, plumbers, people performing repairs, and IT services providers have access to laptops and routers inside our homes and could be forced to serve as surrogate spies. 11/25
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
On the other hand, the House Select Committee on Intelligence (HPSCI) explained that 'the government only wants to add one new service provider, and they don't want information about that service provider to be made public, which is why they have given the term 'electronic communications service provider' such a vague definition.'
HPSCI leaders deny that the administration has any intent to use this provision so broadly. Supposedly, there is a single type of service provider that the government wants to rope in. But they didn't want anyone to know what that service provider was…
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
But Goitein criticized the move, saying, 'Governments should not have the power to use private companies or individuals to act as proxy spies. Even if the targets were limited to foreigners, such broad powers would likely be abused.'
There are certain powers that a government should not have in a democracy. The ability to force ordinary businesses and individuals to serve as surrogate spies is one of them. Even if the targets are supposed to be foreigners, the power this sweeping will be abused. 19/25
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
Many politicians and others have expressed opposition to RISAA, with Senator Ron Wyden of Oregon stating, 'This bill is one of the most radical and frightening expansions of government surveillance power in American history, and I will do everything in my power to stop it from passing in the Senate.'
This bill represents one of the most dramatic and terrifying expansions of government surveillance authority in history. I will do everything in my power to stop it from passing in the Senate. https://t.co/SAtcvDh1PD
— Ron Wyden (@RonWyden) April 12, 2024
The Electronic Frontier Foundation criticized the bill, saying, 'This bill would allow the government to use its uncontrollable mass surveillance powers to spy on immigrants, asylum seekers and others who visit the US, without holding the government accountable. It also abandons the original argument that this is intended to stop terrorism and espionage.'
'The day is coming when the NSA will take over the Internet, and no one is aware of this bill because no one is reading about it in any newspaper,' Snowden said.
The NSA is just taking over the internet, and it's not on the front page of any newspaper--because no one has noticed. https://t.co/qp5BimwOjI
— Edward Snowden (@Snowden) April 15, 2024
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