If Donald Trump wins on Tuesday, he will regain control of a global surveillance system with minimal restrictions.
Privacy advocates have been warning since Edward Snowden’s revelations in 2013 that the government’s surveillance capabilities could be abused by presidents of any political affiliation. However, over the past decade, Congress has failed to limit these powers.
Now, Trump is gearing up to return to office with a plan that involves deploying the military against domestic threats. He will have access to programs that force American companies to collaborate with the National Security Agency, regulations for surveillance of “foreign” entities that can be changed at will, and data brokers who sell location information to the government.
“The only thing preventing a president from misusing these authorities are the individuals within these agencies who adhere to rules and standards,” said Cindy Cohn, executive director of the Electronic Frontier Foundation. “But President Trump has shown intentions to eliminate these safeguards.”
“KILL FISA”
Trump has vocally opposed the reauthorization of the Foreign Intelligence Surveillance Act, citing its misuse against him and his campaign. Although FBI agents have been found to have lied to obtain warrants to spy on his campaign, the debate in Congress has centered on warrantless surveillance.
Some Republicans aligned with Trump eventually supported the surveillance bill after concessions were made, including a two-year “sunset” provision that would allow Trump to have a say in rewriting the bill if he wins.
A section of the law still allows “backdoor” searches of Americans’ communications collected without a warrant under the guise of gathering foreign intelligence. In 2022, the FBI alone conducted 200,000 such searches.
Advocates have fought for more transparency and oversight of warrantless surveillance since Snowden’s revelations, uncovering numerous violations by the FBI, including searches on protestors and political donors.
Despite efforts to require warrants for searching information about Americans, the House narrowly failed to pass such a requirement, with some Republicans breaking party lines to support it.
If Trump wins, there are concerns that he may not limit warrantless surveillance, as he has previously signed similar spying laws into effect.
Patrick Eddington of the Cato Institute anticipates that Trump may focus on purging perceived enemies rather than curbing surveillance, as he believes Trump’s grievances with the FBI stem from personal experiences.
Cohn expressed concerns about potential misuse of surveillance, especially to target immigrants, and emphasized the need for stricter limits on spying regardless of who is in office.
Growing Powers
Advocates have achieved some victories in terms of oversight and transparency since 2013, but the latest reauthorization from Congress grants the government more authority to compel companies to comply with surveillance orders.
Critics argue that the law’s broad reach could allow almost anyone to be forced to assist the government in spying, raising concerns about the potential misuse of power.
Sen. Mark Warner is working on passing a “fix” for the law, but its success remains uncertain.
While efforts have been made to require warrants for FISA searches, there are other government authorities and emerging technologies that pose significant threats to privacy.
Executive Order 12333, signed by President Ronald Reagan in 1981, provides a framework for surveillance abroad, but its rules can be rewritten in secret by the president.
Private Data-Mongering
The government increasingly relies on private data brokers who collect vast amounts of data on ordinary Americans through various apps and services. This data is then sold to law enforcement agencies at the federal and local levels.
The clients of the brokers include government agencies such as the FBI, the DEA, and Immigration and Customs Enforcement. The data is also sold to private entities, with one broker even selling information on individuals who had visited Planned Parenthood clinics to an anti-abortion group.
Currently, the government argues that buying information from brokers does not require a warrant, unlike placing a GPS tracker on a vehicle. Privacy advocates are concerned about existing surveillance programs and potential undisclosed ones. The Snowden revelations and past administrations’ use of legal loopholes for domestic surveillance serve as cautionary tales.
Concerns are raised about the dangers of a centralized, imperial presidency and the potential for abuse of power by future leaders. The need for recognition of these risks by both Congress and administrations, regardless of political affiliation, is emphasized to prevent authoritarian behavior.
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