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Representative Mace Votes No, Challenges FISA Reauthorization Amid Surveillance Hawks' Threats to Civil Liberties

April 12, 2024

WASHINGTON, D.C. - Representative Mace of South Carolina stood firmly against the reauthorization of the Foreign Intelligence Surveillance Act (FISA), citing specific amendments that she believes pose serious threats to civil liberties and privacy rights of Americans.

One of the primary reasons for Rep. Mace's opposition to the reauthorization is the failure to pass the Biggs Amendment. This critical amendment aimed to prohibit searches of U.S. person communications without a warrant in the FISA 702 database, with exceptions for imminent threats to life or bodily harm, consent searches, or known cybersecurity threat signatures. According to Rep. Mace, this amendment was key to protecting Americans’ Fourth Amendment rights from warrantless searches.

In addition to the Biggs Amendment, Rep. Mace expressed concerns over several other amendments that are now attached to Section 702 would gravely expand FISA.

The expansion of the definition of "foreign intelligence" was one such amendment that drew Rep. Mace's opposition. This proposed change would broaden the definition to include the international production, distribution, or financing of illicit synthetic drugs or any controlled substance designated by the Controlled Substances Act. Rep. Mace argued that such a broadened scope would constitute a massive expansion of surveillance, detaching "foreign intelligence" collection from its intended purpose of protecting U.S. safety and security.

Furthermore, Rep. Mace voiced strong opposition to the Waltz (R-FL) Amendment #5, which would permit warrantless searches of Section 702 data for individuals seeking permission to travel to the United States. She deemed this measure excessive and unnecessary, considering the existing vetting mechanisms already in place to safeguard national security.

Similarly, the Turner (R-OH) Amendment #6, which expands the scope of companies required to assist the government in conducting surveillance, drew Rep. Mace's concern. She argued that this amendment would compel virtually any person or company to assist in surveillance efforts, potentially infringing on the privacy rights of individuals and undermining the principle of limited government intrusion.

In expressing her dissent, Rep. Mace emphasized the importance of upholding civil liberties and privacy rights while ensuring national security. "We cannot, in good conscience, support the government spying on Americans. While national security is paramount, it must not come at the expense of our civil liberties. We must strike a balance between security and liberty, and these amendments tip the scales dangerously in favor of unchecked surveillance,” said Rep. Mace. “It’s our job to uphold the constitutional rights of all Americans and rather than stomp all over them. We need a more balanced approach to surveillance laws that respects privacy without sacrificing security.”

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