On Tuesday, May 10, the Senate Committee on the Judiciary (the “Judiciary Committee”) held a hearing titled “Oversight and Reauthorization of the FISA Amendments Act: The Balance between National Security, Privacy and Civil Liberties.” The purpose of this hearing was to review Section 702 of the Federal Intelligence Surveillance Act (“FISA”), which authorizes government electronic surveillance of foreign persons located abroad. Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) provided statements to the Judiciary Committee, and testimony was provided by witnesses serving in both private and public capacities within the security sector. In his statement to the Judiciary Committee, Senator Leahy remarked that this type of public discussion was not possible when Congress last reauthorized FISA in 2012, and expressed a need for additional reforms “to protect Americans’ privacy, and restore global trust in the U.S. technology industry.”
The Judiciary Committee hearing comes fewer than three months after Apple, Inc. refused to comply with a government order under Section 702 of FISA to develop a program that would allow the FBI to bypass the encryption security implemented in every Apple smartphone, thus granting the FBI access to all data stored on the device. While acknowledging the privacy and business concerns that arise from such government orders under FISA, Senator Grassley cited FISA’s strong legislative support since enactment and argued that “it’s proven to be highly valuable in helping to protect the United States and our allies.”
Although FISA is not set to expire until 2017, Senator Grassley noted that the recent apprehensions stemming from the nexus between national security and civil liberties were a motivating factor behind his decision to begin the conversation well in advance of FISA’s expiration date. The Judiciary Committee did not order any formal actions pursuant to the hearing, but the discussion nevertheless marked the beginning of the reauthorization and review process of Section 702 of FISA.
Reporter, Brett Schlossberg, Palo Alto, +1 650 422 6708, bschlossberg@kslaw.com
