Turley warns: Allowing FBI’s warrantless surveillance of Americans could turn US into a ‘nation of chumps’

Congress is facing urgent pressure to reform the Foreign Intelligence Surveillance Act (FISA) to prevent the FBI from conducting surveillance on American citizens without a warrant. A panel of experts testified before the House Judiciary Subcommittee on Crime and Federal Government Surveillance, highlighting the need for significant changes to the law to protect civil liberties and prevent government abuse of power. Section 702 of FISA currently allows for the surveillance of non-U.S. citizens overseas, but when U.S. citizens are involved, their communications can also be collected and accessed by government agencies without a warrant. This has raised concerns about privacy violations and the scale of surveillance on American citizens. The law is set to expire at the end of the year, and Congress is now considering whether to reauthorize it or enact reforms.

The expert witnesses unanimously agreed that the current system is broken and requires a complete overhaul. Law professor Jonathan Turley warned that failure to make significant changes to Section 702 would make the U.S. a nation that disregards privacy rights, citing massive violations of U.S. citizens’ privacy. Elizabeth Goitein of the Brennan Center for Justice revealed that the scale of surveillance on American citizens is staggering, with millions of communications being collected without a warrant or court order. These communications are then shared with government agencies, including the FBI, and can be searched electronically, even if they involve U.S. citizens.

Recent admissions by the FBI of improperly using warrantless search procedures on Americans, including those involved in the January 6th insurrection and George Floyd demonstrations, have fueled calls to not renew Section 702 and eliminate FISA altogether. Some lawmakers argue that the current level of violation is too pervasive for the system to be salvaged and advocate for a completely new approach. Representative Matt Gaetz plans to introduce a resolution calling for the end of FISA, gaining support from fellow Republican representatives.

However, while some experts supported the idea of eliminating the system, others cautioned against it, suggesting that major reforms with accountability measures would be more effective. They pointed out that letting Section 702 expire would give excessive power to the executive branch and open the door to potential abuse. Instead, they stressed the need for Congress to make necessary changes to the law to prevent overreach. This sentiment was echoed by Gene Schaerr of the Project for Privacy and Surveillance Accountability, who warned that without clear rules and limitations, the White House and the Justice Department could exploit the absence of governing statutes.

To prevent government abuse of power, the witnesses proposed strict warrant requirements for all searches involving Americans’ private data by federal agencies. They argued that FISA has a long history of violations and emphasized that it is Congress’s responsibility to address this issue. FISA was initially passed in 1978 after the Watergate scandal as a tool to monitor Americans suspected of communicating with foreign agents. However, it was expanded after the September 11 attacks, and although it has been renewed and revised by Congress multiple times, violations of the law have remained consistent.

In conclusion, urgent action is needed to reform FISA and protect the civil liberties of American citizens. The current system is fundamentally flawed and has allowed for privacy violations and government abuse of power. Congress must decide whether to reauthorize the law or implement significant reforms. The testimony of experts underscores the need for strict warrant requirements and accountability measures to prevent future violations. It is crucial for Congress to address these issues and protect the constitutional rights of American citizens.

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