In 2024, privacy and surveillance have been a central theme in the United States, marked by the recent renewal and expansion of Section 702 of the Foreign Intelligence Surveillance Act (FISA). This regulation allows the U.S. government to collect communications involving individuals both inside and outside the country, raising concerns about the security of citizens’ personal information. Since its implementation in 2008, the law has faced criticism, as the FBI has operated under the notion that it has the right to review communications incidentally collected by the NSA without requiring a judicial warrant.
This year, the reauthorization of this law has been endorsed by both chambers of Congress, with support from both Democrats and Republicans, resulting in the enhancement of its capabilities. In April 2024, after intense debates and temporary reauthorizations, the Reforming Intelligence and Securing America Act (RISAA) was passed. This new framework not only reaffirms the surveillance powers of Section 702, but also expands them, allowing the use of personal data in the evaluation of immigration and asylum applications, as well as in drug trafficking-related investigations.
Furthermore, the legislation broadens the definition of an Electronic Communications Service Provider (ECSP), raising concerns about the implications for companies handling electronic communications data. Under this expansion, any entity, from web hosting companies to small businesses, could be compelled to cooperate in delivering data to the government, effectively acting as State surveillance agents.
Although the current extension of Section 702 is granted for only two years, providing a temporary reprieve for privacy advocates, it is anticipated that the struggle for significant reforms will continue. By spring 2026, digital rights defenders will have to once again prepare to confront an environment that many consider to embody the concept of Big Brother law.
Referrer: MiMub in Spanish
