The vote gives the NSA the power to continue collecting information sent over the internet by foreigners outside the US.
The US House of Representatives gave a boost to the government's surveillance powers.
Lawmakers
voted 256-164 on Thursday to extend NSA programs that collect communications over the internet for national security purposes.
The law that authorized the surveillance programs is set to expire on Jan. 19.
That
law, Section 702 of the FISA Amendments Act, was passed in 2008. Under
it, a court that hears secret national security matters decides whether
to let the
National Security Agency collect emails, documents and other internet communications in government surveillance programs known as Prism and Upstream.
The Prism
program collects communications from internet services directly. The
Upstream program collects data as it travels across the internet. The
programs target people outside the US, but do collect the communications
of Americans who communicate with the targets of spies overseas.
Details of those programs became public in 2013 when former NSA contractor
Edward Snowden revealed them to journalists, who published stories in
the Guardian and
The Washington Post. After those disclosures, the government declassified information about the programs and began publishing
annual transparency reports about the use of the surveillance tools.
The
original deadline to renew the surveillance powers passed on Dec. 31
without a debate on the floor of either house on potential reforms.
Congress voted to extend the programs temporarily until Jan. 19. The
Senate must also now vote to renew the powers before the programs can be
extended further.
US intelligence agencies have pressed lawmakers to preserve the programs.
In a letter to Congress
signed by US Attorney General Jeff Sessions and the heads of the NSA,
FBI, Central Intelligence Agency, officials said losing the authority
to run these surveillance programs would put the country's national
security in danger. "Section 702 has been instrumental in preventing
attacks on the homeland and removing terrorists from the battlefield,"
the letter said.
The biggest sticking point for privacy advocates,
including the ACLU, has been a policy allowing the FBI to bypass
getting a warrant before accessing emails and other communications of
Americans collected by the NSA under these programs.
An amendment that would have required the FBI to obtain a warrant to access information in the NSA's database
failed in the House on
Thursday. The bill extending the surveillance programs does require the
FBI to get a warrant by arguing they have probable cause to search the
NSA's database in open investigations that don't involve national
security or terrorism. That requirement doesn't extend to open FBI
investigations of terrorism and national security cases.
Demand
Progress, a civil-liberties focused advocacy group, condemned the House
for voting down the amendment. "By failing to close the backdoor search
loophole in this bill, which exposes millions of innocent Americans to
warrantless government surveillance, members of Congress have ceded
incredible domestic spying powers to the executive branch," the
organization
said in a statement.
In
debate on the amendment, Rep. Bob Goodlatte, a Republican from
Virginia, argued that putting in place the warrant requirement would
hinder the FBI's efforts to prevent terrorism attacks in the US.
"This amendment, plain and simple, would disable 702, our most important national security tool," he said.
His
arguments echoed concerns that requiring a warrant even in cases
directly related to national security -- rather than other types of
criminal investigations -- would put up dangerous barriers to
communication between US intelligence agencies. After the terrorist
attacks of Sept. 11, 2001, the intelligence community came under
scrutiny for failing to share information with each other about the
alleged perpetrators before the attacks.
In December, Snowden
chimed in on what he and privacy advocates call a "back door" given to
other intelligence agencies. He joined ACLU lawyers to
answer questions on a Reddit "Ask Me Anything" forum and highlighted the issue of incidentally collected emails and other communications.
"These
'incidentally collected' communications of Americans can then be kept
and searched at any time, without a warrant. Does that sound right to
you?" Snowden said.
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