US Senate votes to reauthorise controversial surveillance programme FISA | Government News

President Joe Biden expected to swiftly sign bill that lets intelligence agencies conduct electronic surveillance without seeking warrant.

The United States Senate has voted to approve the reauthorisation of a controversial surveillance programme widely used by US intelligence agencies abroad, but criticised by civil liberties organisations.

Senators voted 60-34 shortly after midnight to pass the bill, and the White House said President Joe Biden will “swiftly sign the bill into law”.

Section 702 of the Foreign Intelligence Surveillance Act, or FISA, enables US intelligence agencies to conduct electronic surveillance without seeking a judicial warrant.

In particular, it allows them to sweep up communications, including phone calls and emails, of non-Americans anywhere outside of US territory. That includes communications from US citizens to foreigners targeted for monitoring.

Its reauthorisation secures what supporters call a key element of US foreign intelligence gathering.

“Democrats and Republicans came together and did the right thing for our country’s safety,” Senate Majority Leader Chuck Schumer said.

“We all know one thing: letting FISA expire would be dangerous. It’s an important part of our national security, to stop acts of terror, drug trafficking and violent extreme extremism.”

Doubts and concerns

Though the spy programme was technically set to expire at midnight, Biden’s administration had said it expected its authority to collect intelligence and to remain operational for at least another year, thanks to an opinion earlier this month from the Foreign Intelligence Surveillance Court, which receives surveillance applications.

FISA has attracted criticism from both Republican and Democratic lawmakers, who argue it violates Americans’ constitutional right to privacy.

The bill was blocked three times in the past five months by House Republicans bucking their party, before passing last week by a 273-147 vote when its duration was shortened from five years to two years.

Although the right to privacy is enshrined in the US Constitution, foreign nationals’ data gathered by the programme often includes communications with Americans, and can be mined by domestic law enforcement bodies such as the FBI without a warrant. That has alarmed many.

Recent revelations that the FBI used this power to hunt for information about Black Lives Matter protesters, congressional campaign donors and US lawmakers have raised further doubts about the programme’s integrity.

In the past year, US officials have revealed a series of abuses and mistakes by FBI analysts in improperly querying the intelligence repository for information about Americans or others in the US, including a member of Congress and participants in the racial justice protests of 2020 and the January 6, 2021, riot at the US Capitol.

But members on both the House and Senate intelligence committees as well as the US Department of Justice said requiring a warrant would handicap officials from quickly responding to national security threats.

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India targeted high-profile journalists with Pegasus spyware: Amnesty | Cybersecurity News

Investigation shows journalists in India face ‘threat of unlawful surveillance’ along with other ‘tools of repression’.

India’s government has used the highly invasive Pegasus spyware to target high-profile journalists, according to a new investigation by Amnesty International and The Washington Post.

The findings, published on Thursday, noted India’s repeated use of Pegasus against journalists, including one who was previously a victim of an attack using the same spyware.

Created by Israeli firm NSO Group, Pegasus can be used to access a phone’s messages and emails, peruse photos, eavesdrop on calls, track locations and even film the owner with the camera.

Watchdogs have documented widespread use of the spyware – which NSO says is only sold to governments or security agencies – against journalists and activists in dozens of countries, including India.

Amnesty said journalists Siddharth Varadarajan, founding editor of digital media outlet The Wire, and Anand Mangnale, South Asia editor at The Organized Crime and Corruption Reporting Project (OCCRP), had been targeted with the spyware on their iPhones, with the latest identified case in October 2023.

“Increasingly, journalists in India face the threat of unlawful surveillance simply for doing their jobs, alongside other tools of repression including imprisonment under draconian laws, smear campaigns, harassment and intimidation,” said Donncha O Cearbhaill, the head of Amnesty’s Security Lab.

“Despite repeated revelations, there has been a shameful lack of accountability about the use of Pegasus spyware in India which only intensifies the sense of impunity over these human rights violations.”

Amnesty said its Security Lab recovered evidence from Mangnale’s device that a zero-click exploit designed to covertly install Pegasus was sent to his phone.

A zero-click exploit refers to malicious software that allows spyware to be installed on a device without the user needing to click on a link.

‘Unlawful attack’

In October, Apple issued a new round of threat notifications globally to iPhone users who may have been targeted by “state-sponsored attackers”. More than 20 journalists, and opposition politicians in India were reported to have received the notifications.

Mangnale’s phone was targeted at a time when he was working on a story about an alleged stock manipulation by a large multinational conglomerate in India, Amnesty said.

The OCCRP published an investigation in August into the financial dealings of Indian tycoon Gautam Adani, a key ally of Indian Prime Minister Narendra Modi.

Mangnale told the AFP news agency that he was targeted “within hours” of sending questions to the Adani Group on behalf of the OCCRP.

Varadarajan – who was previously hacked with Pegasus spyware in 2018 – suggested to The Washington Post that he had been targeted for leading opposition to the detention of a prominent news publisher in New Delhi.

India’s government did not immediately respond to questions about the investigation.

In 2021, New Delhi was accused of using Pegasus to surveil journalists, opposition politicians and activists, with leaked documents showing the spyware had been used against more than 1,000 Indian phone numbers.

“Targeting journalists solely for doing their work amounts to an unlawful attack on their privacy and violates their right to freedom of expression. All states, including India, have an obligation to protect human rights by protecting people from unlawful surveillance,” Amnesty’s O Cearbhaill said.

Activists say press freedom in the world’s biggest democracy has suffered during Modi’s tenure. India has fallen 21 spots to 161 out of 180 countries in the World Press Freedom Index, compiled by Reporters Without Borders, since he took office in 2014.

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