Section 702 Renewal Debate Heats Up: Cotton's 2027 Plan Divides Privacy Advocates
The Section 702 debate, known for its volatility, is heating up again. With the provision's expiry looming in April 2025, Sen. Tom Cotton has proposed a plan to push the renewal discussion to 2027. Privacy advocates, however, are drawing a line at a straightforward renewal.
Cotton's plan involves a two-pronged strategy. First, an 18-month 'clean' reauthorization of Section 702, allowing time for a thorough review. Then, a top-level panel, the FISA Reform Commission, will scrutinize the entire FISA statute. This approach aims to appease both national security advocates and privacy-minded policymakers.
The FISA Reform Commission, authorized in 2024, has yet to commence its work. Cotton, supported by President Trump, hopes this plan will gain traction. However, the commission's members, appointed by Senate and House minority leaders, remain unnamed publicly.
Section 702's expiry is fast approaching, sparking debate on its renewal. Cotton's proposal, the first of its kind this year, seeks to balance national security and privacy concerns. The plan's success depends on bipartisan support and the commission's upcoming work.
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