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Boosting Reform Calls, Judge Finds FISA Section 702 Backdoor Searches Unconstitutional
"This is a major constitutional ruling on one of the most abused provisions of FISA," said one ACLU leader. "Section 702 is long overdue for reform by Congress, and this opinion shows why."
Jan 23, 2025
"Better late than never."
That's how Electronic Frontier Foundation (EFF) surveillance litigation director Andrew Crocker and senior policy analyst Matthew Guariglia responded to a federal court ruling unsealed late Tuesday that found warrantless searches conducted under Section 702 of the Foreign Intelligence Surveillance Act (FISA) violate the Fourth Amendment to the U.S. Constitution.
Section 702 allows for warrantless spying on noncitizens abroad to acquire foreign intelligence information—but that also leads to the collection of Americans' communications. Abuse of the related database, particularly by the Federal Bureau of Investigation (FBI), has led privacy advocates including EFF to demand that Congress pass significant reforms.
The December decision from U.S. District Judge LaShann DeArcy Hall in the Eastern District of New York, unsealed earlier this week, stems from over a decade of litigation in United States v. Hasbajrami. Agron Hasbajrami was arrested at a New York City airport in 2011 and charged with attempting to provide material support to a terrorist group. The U.S. resident pleaded guilty, and after he was serving his sentence, the government revealed some evidence was obtained without a warrant thanks to Section 702.
In 2017, EFF and the ACLU filed an amicus brief arguing to the U.S. Court of Appeals for the 2nd Circuit that "Section 702 surveillance, including the surveillance of Mr. Hasbajrami here, lacks safeguards for Americans that the Constitution requires." In 2019, the appellate court "found that backdoor searches constitute 'separate Fourth Amendment events' and directed the district court to determine a warrant was required," Crocker and Guariglia explained Wednesday. "Now, that has been officially decreed."
Throughout the litigation, Congress has repeatedly reauthorized Section 702 on a bipartisan basis—most recently for two years last April, meaning it is unlikely to be debated on Capitol Hill again before next year. Still, pro-privacy campaigners and experts welcomed the district judge's recent ruling as a crucial victory and used it to renew calls for congressional action.
"This is a major constitutional ruling on one of the most abused provisions of FISA," Patrick Toomey, deputy director of ACLU's National Security Project, said in a Wednesday statement. "As the court recognized, the FBI's rampant digital searches of Americans are an immense invasion of privacy, and trigger the bedrock protections of the Fourth Amendment. Section 702 is long overdue for reform by Congress, and this opinion shows why."
Crocker and Guariglia argued that the Foreign Intelligence Surveillance Court—which has primary judicial oversight of Section 702—should immediately "amend its rules for backdoor searches and require the FBI to seek a warrant before conducting them."
In the longer term, the EFF experts wrote, "we ask Congress to uphold its responsibility to protect civil rights and civil liberties by refusing to renew Section 702 absent a number of necessary reforms, including an official warrant requirement for querying U.S. persons data and increased transparency."
"On April 15, 2026, Section 702 is set to expire," they added. "We expect any lawmaker worthy of that title to listen to what this federal court is saying and create a legislative warrant requirement so that the intelligence community does not continue to trample on the constitutionally protected rights to private communications."
Although Hall's ruling was issued against the Biden administration, it was unsealed a day after Republican U.S. President Donald Trump returned to power—backed by narrow GOP majorities in both chambers of Congress. Patrick G. Eddington, a senior fellow in homeland security and civil liberties at the Cato Institute, a libertarian think tank, wondered Wednesday, "Will the new Trump administration appeal the decision?"
"Attorney general nominee Pam Bondi testified under oath at her confirmation hearing that she supported the FISA Section 702 program, though the issue of warrantless 'backdoor' searches did not come up as I recall," Eddington noted.
Tulsi Gabbard, Trump's pick for director of national intelligence "has gone from FISA Section 702
opponent to supporter in record time," he added. "Assuming Gabbard gets a confirmation hearing, asking her about Hall's ruling should be the first question posed to her."
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Biden Signs 'First Social Security Expansion in Decades' as GOP Eyes Cuts
Social Security expansion is the "bipartisan solution that most Americans want," said one group, "even though some on Capitol Hill have proposed to slash benefits."
Jan 06, 2025
Joe Biden on Sunday became the first president in more than two decades to sign a measure that expands Social Security benefits, a move that came as congressional Republicans and an Elon Musk-led advisory commission weigh possible cuts to the nation's most effective antipoverty program.
The Social Security Fairness Act rolls back the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), provisions that curbed Social Security benefits for those receiving retirement benefits from public service jobs.
The repeal of the two provisions means roughly 3 million teachers, firefighters, and other public-sector workers will see increases to their Social Security benefits. While the Social Security Fairness Act received significant bipartisan support, 71 Republicans in the House and 20 in the Senate voted against it, including new Senate Majority Leader John Thune (R-S.D.).
Richard Fiesta, executive director of the Alliance for Retired Americans, said in a statement Sunday that "repeal of the WEP-GPO is long overdue and would not have happened without the tenacity of Alliance members across the country who built a grassroots coalition and passed this law with strong bipartisan support."
"For years the government has taken away Social Security benefits from millions of retired federal, state, and local government employees who worked as teachers, police, firefighters, postal workers, and general employees," said Fiesta.
Alex Lawson, executive director of Social Security Works, wrote on social media that the new law "fixes two iniquitous policies that reduce the Social Security benefits of teachers, police officers, and firefighters."
"First Social Security expansion in decades," Lawson added. "Thanks President Biden."
"Public opinion polling indicates that majorities of Americans across party lines want to see benefits boosted, not cut."
Biden signed the measure just two weeks before the inauguration of President-elect Donald Trump, who is set to establish a commission aimed at slashing government programs and regulations. Critics of the new panel, which is led by Musk and fellow billionaire Vivek Ramaswamy, see it as a thinly veiled push to cut Social Security and other vital programs—a fear bolstered by recent comments from Republican lawmakers.
"Nothing is sacrosanct," Rep. Ralph Norman (R-S.C.) told reporters after meeting with the two billionaires last month. "They're going to put everything on the table."
Ahead of a recent meeting on Capitol Hill, Rep. Greg Lopez (R-Colo.) predicted that "at the end of the day, there will be some cuts" to Social Security.
Musk himself has also taken aim at the New Deal program, using his massive platform on X—the social media site he owns—to boost a Republican senator's thread attacking the Social Security Act of 1935 as one of many "deceptive sales techniques the U.S. government has used on the American people."
Max Richtman, president and CEO of the National Committee to Preserve Social Security and Medicare (NCPSSM), said in a statement Sunday that "President Biden's signing of the Social Security Fairness Act today truly is historic."
"We encourage the new 119th Congress to keep listening to the American people—and to take action on a bipartisan basis to strengthen Social Security without cutting benefits," said Richtman. "Public opinion polling indicates that majorities of Americans across party lines want to see benefits boosted, not cut. They favor bringing more revenue into the program by demanding the wealthy contribute their fair share in payroll taxes."
"This is the bipartisan solution that most Americans want," he continued, "even though some on Capitol Hill have proposed to slash benefits by raising the retirement age, means testing, cutting COLAs, or privatizing Social Security."
Applauding Biden for signing the measure and "for consistently fulfilling his promise to protect Americans' earned benefits all the way through the end of his presidency," Richtman added, "We can only hope that President-elect Trump will keep his promises to do the same."
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'The GOP Promised to Make Life Easier for Working Families,' But Here's the Real Agenda
"Mike Johnson is committing to slashing Social Security and Medicare to get the speaker's gavel," said one progressive group.
Jan 03, 2025
As Republicans took full control of Congress this week and U.S. President-elect Donald Trump prepared to take office later this month, Democratic lawmakers renewed warnings about how the GOP agenda will harm working people and pledged to fight against it.
"Today, the 119th Congress officially begins. Our top priority over the next two years must be fighting for working families and standing up to corporate power and greed," Rep. Pramila Jayapal (D-Wash.), chair emeritus of the Congressional Progressive Caucus, said on social media Friday.
"While Republicans focus their energy for the next two years on giving tax breaks to the rich and cutting vital public programs, Democrats will continue working to lower costs and raise wages for all," Jayapal promised. "We'll always be fighting for YOU."
In addition to members of Congress being sworn in on Friday, nearly all Republicans in the House of Representatives reelected Rep. Mike Johnson (R-La.) as speaker and the chamber debated a rules package that Democrats have criticized since it was released by GOP leadership earlier this week.
"Their governance will be marked by consolidated power, scapegoated communities, and campaigns of punishment."
The package fast-tracks a dozen bills on a range of issues; they include various immigration measures as well as legislation attacking transgender student athletes, sanctioning the International Criminal Court, requiring proof of United States citizenship to register to vote in federal elections, and prohibiting a moratorium on hydraulic fracturing, or fracking, for fossil fuels.
"Speaker Johnson has said that the 119th Congress will be consequential. Today, both in Speaker Johnson's address and in the rules package the Republicans have passed, Republicans have shown us what the consequences of their leadership will be," Rep. Delia C. Ramirez (D-Ill.) said in a statement. "In their first order of business, Republicans advanced a legislative package that abuses the power of Congress to persecute trans children athletes, take federal funding away from sanctuary cities like Chicago and Illinois, scapegoat immigrants, erode voting rights, and put new criminal penalties on reproductive care providers."
"For the first time in history, they seek to make the speakership less accountable to the full body of legislators and to limit our ability to consider emergency bills," Ramirez noted. "Overall, they are using the rules to make Congress less transparent, less accountable, and less responsive to the needs of the American people. Their governance will be marked by consolidated power, scapegoated communities, and campaigns of punishment."
Speaking out against the package on the House floor, Jayapal said it "makes very clear what the Republican majority will not do in the 119th Congress," stressing that the 12 bills "do nothing to lower costs or raise wages for the American people."
These bills also won't "take on the biggest corporations and wealthiest individuals who profit from the high prices and junk fees and corporate concentration that's harming Americans across this country," she said. "Because guess what? These corporations and wealthy individuals are the ones that are controlling the Republican Party for their own benefit."
Jayapal highlighted the exorbitant wealth of Trump's Cabinet picks, just a day after the president-elect announced corporate lobbyist and GOP donor Ken Kies as his choice for assistant secretary for tax policy at the Treasury Department—which is set to be led by billionaire hedge fund manager Scott Bessent, as Republicans in Congress try to pass another round of tax cuts for the rich.
GOP lawmakers are also aiming "to make meaningful spending reforms to eliminate trillions in waste, fraud, and abuse, and end the weaponization of government," Johnson said in a lengthy social media on Friday. "Along with advancing President Trump's America First agenda, I will lead the House Republicans to reduce the size and scope of the federal government, hold the bureaucracy accountable, and move the United States to a more sustainable fiscal trajectory."
In other words, responded the Progressive Change Campaign Committee (PCCC), "Mike Johnson is committing to slashing Social Security and Medicare to get the speaker's gavel."
Republicans have a slim House majority and Trump-backed Johnson was initially set to fall short of the necessary support to remain speaker, due to opposition from not only Congressman Thomas Massie (R-Ky.) but also Reps. Ralph Norman (R-S.C.) and Keith Self (R-Texas). However, after a private conversation, Norman and Self switched their votes.
"Johnson cut a backroom deal with the members that voted against him so they'd flip their votes. So he will get gavel now. I'm sure in time we'll find out what he sold out just so he'd win," Rep. Maxwell Alejandro Frost (D-Fla.) said on social media.
"What did Johnson sell out to become speaker? Social Security or Medicare? Or perhaps veterans?" he asked.
Citing a document circulated ahead of the vote by Johnson's right-wing critics that lists "failures" of the 118th Congress, the PCCC said: "Looks like all of the above. But his holdouts put Social Security in their first bullet of grievances."
After the vote, Norman and 10 right-wing colleagues released a letter explaining that, despite sincere reservations, they elected Johnson because of their "steadfast support of President Trump and to ensure the timely certification of his electors."
"To deliver on the historic mandate earned by President Trump for the Republican Party, we must be organized to use reconciliation—and all legislative tools—to deliver on critical border security, spending cuts, pro-growth tax policy, regulatory reform, and the reversal of the damage done by the Biden-Harris administration," they added.
Politicoreported that "House Republicans are hoping to start work on the budget targets for critical committees on Saturday—the first step in kicking off their ambitious legislative agenda involving energy, border, and tax policy."
According to the outlet:
"The Ways and Means Committee is just going to be able to draft tax legislation according to what the budget reconciliation instructions are," said House Ways and Means Chair Jason Smith (R-Mo.), who will be leading the charge on extensions of... Trump's tax cuts.
"And so when the conference figures out what they want in those instructions, we'll be able to deliver according to those parameters," said Smith, when asked about the primary goal of a GOP conference meeting tentatively scheduled for Saturday at Fort McNair, an Army post in southwest Washington.
That followed Thursday reporting by The Washington Post that Trump advisers and congressional Republicans "have begun floating proposals to boost federal revenue and slash spending so their plans for major tax cuts and new security spending won't further explode the $36.2 trillion national debt."
As the newspaper detailed, 10 policies that Republicans have considered are tariffs, repealing clean energy programs, unauthorized spending, repealing the Biden administration's student loan forgiveness, shuttering the Education Department, cutting federal food assistance, imposing Medicaid work requirements, blocking Medicare obesity treatment, ending the child tax credit for noncitizen parents, and cutting Internal Revenue Service funding.
"The GOP promised to make life easier for working families," Rep. Katherine Clark (D-Mass.), the Democratic whip, said on social media in response to the Post's article. "Now, they want to slash your school budget, raise your grocery costs, and hike your energy bills—all to pay for billionaire tax cuts."
"We will not allow Republicans to cut Social Security, Medicare, Medicaid, and food assistance to pay for tax cuts for the wealthy," she added Friday. "No way."
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