The backdoor into our communications comes from Section 702 of the Foreign Intelligence Surveillance Act (FISA) which requires tech and telecommunications companies to provide the U.S. government with access to emails and other communications to aid in national security investigations–ostensibly when U.S. persons are in communication with foreign surveillance targets abroad or wholly foreign communications transit the U.S. But in this wide-sweeping dragnet approach to intelligence collection, companies allow access to and the government collects a large amount of “incidental” communications–that is millions of untargeted communications of U.S. persons that are swept up with the intended data. The FBI has the ability to then bypass the 4th Amendment requirement of a warrant and sift through these “incidental” communications of Americans — effectively using Section 702 as a “backdoor” around the constitution. They’ve been told by the FISA Court this violates Americans’ Fourth Amendment rights but–it has not seemed to stop them and the FISA Court has failed to take steps to ensure that they stop.
That’s why it’s essential we include the Representatives Lofgren, Jayapal, Massie, and Davidson’s amendment onto this important bill. It’s time to close this loophole for allowing the unconstitutional surveillance of our communications. Write to your members of congress now!
Source: EFF; Tell Congress: Close the Warrantless Backdoor to Spy on Communications Get involved: https://act.eff.org/