The Foreign Intelligence Surveillance Act’s warrantless wiretap provision has been suspended for the first time since 2008.
Lawmakers have failed to extend a surveillance law that allows US intelligence agencies to monitor targets abroad without a warrant.
Congress rejected a vote to extend Section 702 of the Foreign Intelligence Surveillance Act to July 2, which means, for a few days at least, some surveillance will be put on hold, for the first time since the Act was passed in 2008. The next possible chance for a vote will be June 28.
This has significance for CISOs because they need to be aware of how communication between the US and other countries is being monitored. The Act permits US intelligence agencies to collect texts and emails sent to and from foreigners living outside the US without a warrant — and when those communications are to or from an US citizen, it allows them to scoop them up too.
“For too long, the FBI has been able to piggyback on a major national security tool as an unconstitutional backdoor way of reading Americans’ communications,” Electronic Frontier Foundation Senior Policy Analyst Matthew Guariglia wrote in article about the renewal vote this week.
It is uncertain what will happen next. Some commentators expect things will proceed as if the Act had been extended, possibly through an executive order. However, the industry may well revolt against this and we could see some tech providers take legal action.
