The Foreign Intelligence Surveillance Act, or FISA, is set to expire in April, but the Trump administration has remained eerily silent on the matter. This comes as Congress has just two months to decide whether to renew, reform, or abolish a law at the heart of Edward Snowden's leaks.
The law allows the FBI and other agencies to search through a massive trove of intelligence gathered abroad without needing a warrant. Civil liberties advocates have long argued that this provision is a threat to American citizens' privacy and should be subject to more stringent oversight.
In contrast, President Trump's nominee for NSA director, Lt. Gen. Joshua Rudd, dodged questions about FISA reforms at a confirmation hearing on Thursday. When asked if he would support a warrant requirement with exemptions for emergency situations, Rudd sidestepped the question, citing the need to "look into" the issue further.
The White House has claimed that it is working behind the scenes, but its lack of a public stance has sparked criticism from Democrats and even the Republican chair of the Senate Judiciary Committee, Sen. Chuck Grassley of Iowa. Grassley acknowledged that Trump administration officials were not invited to Thursday's hearing on FISA, despite being asked for comment.
The debate over FISA is particularly complex, given that Democrats who supported the law last year are now under pressure from primary opponents to support a warrant requirement. Republicans, meanwhile, may be tempted to flip back to supporting sweeping powers for the executive branch, as Trump has been accused of using government surveillance to target his political enemies.
The situation is further complicated by other surveillance powers, including a provision that allows the government to force data centers and anyone with a computer to hand records over to the authorities. Experts warn that lawmakers may be tempted to approve another short-term extension during an election year, rather than pursuing meaningful reforms.
As the deadline for renewing FISA's Section 702 approaches, it remains to be seen whether Congress will take bold action or simply "kick the can" down the road. One thing is clear: the Trump administration's silence on this critical issue has only added to the sense of urgency and uncertainty surrounding the future of American surveillance powers.
The law allows the FBI and other agencies to search through a massive trove of intelligence gathered abroad without needing a warrant. Civil liberties advocates have long argued that this provision is a threat to American citizens' privacy and should be subject to more stringent oversight.
In contrast, President Trump's nominee for NSA director, Lt. Gen. Joshua Rudd, dodged questions about FISA reforms at a confirmation hearing on Thursday. When asked if he would support a warrant requirement with exemptions for emergency situations, Rudd sidestepped the question, citing the need to "look into" the issue further.
The White House has claimed that it is working behind the scenes, but its lack of a public stance has sparked criticism from Democrats and even the Republican chair of the Senate Judiciary Committee, Sen. Chuck Grassley of Iowa. Grassley acknowledged that Trump administration officials were not invited to Thursday's hearing on FISA, despite being asked for comment.
The debate over FISA is particularly complex, given that Democrats who supported the law last year are now under pressure from primary opponents to support a warrant requirement. Republicans, meanwhile, may be tempted to flip back to supporting sweeping powers for the executive branch, as Trump has been accused of using government surveillance to target his political enemies.
The situation is further complicated by other surveillance powers, including a provision that allows the government to force data centers and anyone with a computer to hand records over to the authorities. Experts warn that lawmakers may be tempted to approve another short-term extension during an election year, rather than pursuing meaningful reforms.
As the deadline for renewing FISA's Section 702 approaches, it remains to be seen whether Congress will take bold action or simply "kick the can" down the road. One thing is clear: the Trump administration's silence on this critical issue has only added to the sense of urgency and uncertainty surrounding the future of American surveillance powers.