This bill (S. 139) would reauthorize for six years, through 2023, the Foreign Intelligence Surveillance Act (FISA), which governs electronic surveillance of foreign terrorism suspects. The bill would require the development of procedures for searching the NSA database that would protect the Fourth Amendment-guaranteed rights of U.S. citizens, while allowing the FBI to access information with an order from the secret FISA Court, in certain cases.
The Senate passed S. 139 on January 18, 2018 by a vote of 65 to 34 (Roll Call 12). We have assigned pluses to the nays because FISA, while supposedly put in place to gather intelligence on foreign targets, has been used to spy on U.S. citizens. While the bill does provide provisions to, ostensibly, protect the privacy of U.S. citizens, given the track record of intelligence agencies, it is unlikely that they would actually follow these rules. The FISA Court gives a green light to just about any surveillance request that comes its way, and FISA-approved NSA warrantless surveillance of American citizens has become common knowledge.
