In the U.S., there is supposed to be some division between domestic and foreign police activities. The CIA handles overseas activities, while the FBI and local police agencies handle domestic law enforcement. Because as the Internet is inherently borderless, Americans’ emails, texts, and phone calls are inevitably captured in overseas intelligence activities, which is legal under Section 702 of the the Foreign Intelligence Surveillance Act (FISA). 

With FISA set to expire on April 19 without Congressional reauthorization, the debate over whether and how to reform government surveillance has intensified. The Biden Administration, the FBI, and others in the world of national security say Section 702 is a critical tool to combat terrorism and other threats, and that privacy reforms might put Americans in danger by slowing down intel activities. Critics warn that this provision is violating the civil liberties of Americans, that Section 702 enables warrantless surveillance and is an end run around the Fourth Amendment, which protects Americans from unreasonable searches and seizures.

How will Congress act? How does 702 really work? And what are the politics and alliances on both sides of this debate? Are there any reforms that might pass as part of a compromise? Evan and Luke are joined by David DiMolfetta, a reporter at NextGov/FCW, where he covers how the US government is adapting to the world of cybersecurity. He was a researcher at the Washington Post and a reporter at S&P Global. You can read his latest piece on Section 702 here.