During consideration of the bill (S. 139) reauthorizing the Foreign Intelligence Surveillance Act (FISA), Representative Justin Amash (R-Mich.) introduced an amendment to end NSA collection of communications data that is neither to nor from an approved foreign target, but rather communications “about” a foreign target entirely between American citizens. It would prohibit the FBI and intelligence agencies from searching the NSA database for information on U.S. citizens without first obtaining a warrant, except in certain circumstances. The amendment would also end “reverse targeting,” in which an American citizen communicating with a foreign target is also subject to surveillance.
The House rejected Amash’s amendment on January 11, 2018 by a vote of 183 to 233 (Roll Call 14). We have assigned pluses to the yeas because this amendment is an attempt to limit NSA surveillance of U.S. citizens. Warrantless surveillance of U.S. citizens is unconstitutional, and NSA surveillance certainly falls under this category. Amash’s amendment would require the FBI to obtain a warrant, rather than merely FISA Court approval, in order to access the NSA’s database.
