US Congress Fails to Pass Long-Term FISA Extension, Authorizes It Through April 30

Yesterday the U.S. Congress approved "a short-term extension" of a FISA law that allows wiretaps without a warrant for surveilling foreign targets, reports CNN — but only until April 30. Republican congressional leaders had sought an 18-month extension, but "failed to secure" the votes after "clamoring from some of their members for reforms to protect Americans' privacy."

The warrantless surveillance law, known as Section 702 of the Foreign Intelligence Surveillance Act, was set to expire on Monday night. Members are hoping the additional time will allow them to come to agreement without ending authorization for the intelligence gathering program, which permits US officials to monitor phone calls and text messages from foreign targets... There was an hour of suspense in the Senate Friday morning when it appeared possible that Democratic Sen. Ron Wyden, a longtime critic of FISA 702, might block the House-passed extension. But ultimately, he said his House colleagues had assured him "this short-term extension makes reform more likely, and expiration makes reform less likely," and so he chose not to object....

House Republican leaders believed Thursday night they had struck a deal with conservative holdouts who harbor deep and longstanding concerns that a key piece of the law infringes on Americans' privacy rights. But in a pair of after-midnight votes, more than a dozen rank-and-file Republicans rejected the long-term reauthorization plan on the floor, which was the result of days of tense negotiations among leadership, lawmakers and the White House.

The law allows authorized US officials to gather phone calls and text messages of foreign targets, but they can also incidentally collect the data of Americans in the process. Senior national security officials have for years said the law is critical for thwarting terror attacks, stemming the flow of fentanyl into the US and stopping ransomware attacks on critical infrastructure. Civil liberties groups on the left and the right, meanwhile, argue the surveillance authority risks infringing on Americans' privacy.