Reform or Expire? The Battle to Reauthorize FISA Programs

Presented at HOPE 2020 Virtual Rescheduled, July 27, 2020, 4 p.m. (60 minutes)

On March 15, 2020, Section 215 of the PATRIOT Act - a surveillance law with a rich history of government overreach and abuse - expired. Along with two other PATRIOT Act provisions, Section 215 lapsed after lawmakers failed to reach an agreement on a broader set of reforms to the Foreign Intelligence Surveillance Act (FISA).

In the week before the law expired, the House of Representatives passed the USA FREEDOM Reauthorization Act, which would have extended Section 215 for three more years, along with some modest reforms. After negotiations, the Senate passed a slightly amended version of the bill, but after a veto threat from the President, the House of Representatives failed to pass it. The bill currently remains expired, but the question remains - for how long? And what will reform look like?

In this discussion, India and Andrew will explain the political factors behind this unusual legislative journey, as well as the policy implications of these proposals.


Presenters:

  • Andrew Crocker
    **Andrew Crocker** is a senior staff attorney on the Electronic Frontier Foundation's civil liberties team. He focuses on EFF's national security and privacy docket, as well as the Coders' Rights Project. While in law school, Andrew worked at the Berkman Center for Internet and Society, the American Civil Liberties Union's Speech, Privacy, and Technology Project, and the Center for Democracy and Technology.<br>
  • India McKinney
    **India McKinney** is the director of federal affairs at the Electronic Frontier Foundation. Prior to joining EFF, India spent over ten years in Washington, DC as a legislative staffer to three members of Congress from California. Her work there primarily focused on the appropriations process, specifically analyzing and funding programs in the Departments of Veterans Affairs, Homeland Security, and Justice. Her biggest legislative accomplishment was authorizing, funding, and then naming a new outpatient VA/DoD clinic that will serve over 80,000 people. India's passion has always been for good public policy, and she's excited to be using skills developed during legislative battles to fight for consumer privacy and for robust surveillance oversight.<br>

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