Rep. Zoe Lofgren: Congress Has a Clear Choice This Week – Protect Privacy Rights or Pass the Patriot Act 2.0

WASHINGTON, DC – As Congress readies major votes that could impact the future of government surveillance and privacy rights in America – including the expected “Queen of the Hill” Floor action on the House Judiciary Committee-passed Protect Liberty and End Warrantless Surveillance Act (PLEWS) and House Permanent Select Committee on Intelligence-passed FISA Reform and Reauthorization Act (FRRA), as well as votes on the National Defense Authorization Act (NDAA) – U.S. Congresswoman Zoe Lofgren (CA-18), the co-founder and co-chair of the bipartisan Fourth Amendment Caucus, released the following statement: 

“For too long, intelligence and law enforcement agencies have had nearly unchecked access to Americans’ personal data. That could finally change if Members of Congress remain focused, skeptical, and undeterred.

“This week could be the most significant in decades for the future of government surveillance. We could see real reforms pass Congress that protect Americans’ civil liberties, or we could see the Patriot Act 2.0.

“The Judiciary Committee successfully and overwhelmingly passed the Protect Liberty and End Warrantless Surveillance Act, largely inspired by the bicameral Government Surveillance Reform Act, by a bipartisan vote. The ever-growing growing support for surveillance reform by Members of Congress is promising, but we cannot be complacent.

“The Intelligence Committee’s ‘FISA Reform and Reauthorization Act’ may have the word reform in its name, but the bill’s text proves otherwise. As legal experts point out, Section 504 of the bill would actually expand the government’s 702 authority by widening the definition of service providers. That is counter to Congress’ original intent, counter to Members of Congress’ expressed desires now, and unquestionably counter to the Fourth Amendment.

“Additionally, hidden in the released NDAA is a seemingly-innocuous ‘short-term’ reauthorization of Section 702 of FISA until April 19, 2024. However, ‘short-term’ reauthorization masks a de facto 16-month extension, raising serious concerns about warrantless surveillance and Congressional intent.

“Congress must not greenlight another major surveillance reauthorization without enacting surveillance reform measures that curb abuses and protect Americans' civil liberties. That includes through the overreaching FRRA or the so-called short-term extension in the NDAA. They both extend or expand programs that law enforcement and intelligence agencies admit bypass the Fourth Amendment.”

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