Proposed Legislation Raises Concerns Over Expanded Surveillance and Press Freedom

The Senate is currently advancing a bill that, if passed, would grant intelligence agencies unprecedented authority to compel various service providers—from dentists to plumbers—to surveil their clients’ communications. This move comes as the “Reforming Intelligence and Securing America Act” (RISAA) nears its final Senate vote, having already been approved by the House.

Dr. Pieter Cohen, a vocal critic of the bill and director of advocacy at the Freedom of the Press Foundation (FPF), describes RISAA as a form of “spy draft” that could severely damage the trust between journalists and their sources. Cohen’s concerns are echoed in a recent Chicago Sun-Times article he co-authored with FPF board member John Cusack.

Senator Ron Wyden has expressed concerns that under RISAA, even janitorial staff could be forced to engage in acts of espionage such as planting surveillance devices in the facilities they service. This sentiment is widely supported by various civil liberties groups who vehemently oppose the bill.

Despite assurances from the Department of Justice, which has outlined arguments on the Hill regarding the bill’s narrow scope and the Biden administration’s restraint in its application, skeptics like Cohen argue that these promises are not legally binding on future administrations. Moreover, the bill’s language allows for a broad application beyond just targeting data centers, as reported by the New York Times.

Critics argue that the real danger of RISAA lies not only in whom the government can surveil directly but also in who it can force to carry out surveillance. This could potentially put civilians at risk if they are caught performing these covert activities. The misuse of Section 702 to surveil Americans, including journalists, is already a significant concern, as noted by the Freedom of the Press Foundation, and the lack of warrant requirements for searching Americans’ communications is a loophole that remains unaddressed by RISAA.

As the Senate considers amendments to the bill, the implications of its passage could be profound, not just for press freedom but for the privacy and safety of every American. Critics urge that the history of government surveillance suggests that any power granted is likely to be used, raising serious concerns about future abuses under RISAA.