The Impact of New FISA Rules on Surveillance
Recent discussions surrounding the Foreign Intelligence Surveillance Act (FISA) have raised concerns about potential implications for surveillance practices in the United States. Senator Cornyn argued that the new rules could potentially grant foreigners greater rights than criminal defendants, opening up possibilities for exploitation by foreign adversaries. However, there seems to be a lack of clarity on how exactly these adversaries could gain access to court proceedings that are traditionally kept under tight wraps.
Expert Insights on the FISA Amendments
Noah Chauvin, a former intelligence adviser at the U.S. Department of Homeland Security, has downplayed Cornyn’s concerns, stating that the appointment of Amici primarily applies to surveillance of Americans, with exceptions made only for cases involving novel interpretations of the law. Despite the new appeal rights granted by the provision, Chauvin highlights that government surveillance activities under FISA can persist based on previously issued certificates, even if they have expired.
Implications of Amici Rights in Surveillance Proceedings
Chauvin further notes that the scope of Amici’s access to information is limited, and the government can expedite the process by providing necessary information to experts ahead of time. While the inclusion of constitutional experts may slow down proceedings, it serves the purpose of increasing scrutiny and ensuring that government access to private information is justified before a court.
Additionally, Senate sources have defended the text of the new provision, emphasizing that the appointment of Amici with specific expertise aligns with past practices of the FISA Court. The amendment, while a diluted version of previous proposals, aims to balance the need for expert advice with concerns of privacy and civil liberties.
