Congress and the Biden administration have started down a collision course as a controversial surveillance program is set to sunset this year, with lawmakers immediately indicating they would not accept the executive branch’s opening offer.
The Justice Department and the intelligence community formally launched its reauthorization effort on Tuesday by floating to congressional leadership that the surveillance authority, known as Section 702, should be extended largely as is. Lawmakers all too happily shot down that trial balloon, previewing what will be a months-long fight that could run right up to the Dec. 31 deadline with no clear path to compromise.
There’s no shortage of potential pitfalls. The administration won’t just have to contend with their usual antagonists in congressional Republicans, but also fellow Democrats who worry that the program doesn’t have sufficient guardrails. The authority is designed to gather electronic communications of foreigners abroad, but also has the potential to sweep up the communications of Americans.
