A proposal to protect the aggressive measures taken by U.S. intelligence agencies for surveillance without judicial warrants — commonly known as warrantless wiretapping — has been deferred until April 2017.
The controversial proposal, which had stirred up considerable debate and speculation among privacy advocates and civil libertarians in recent months, was passed by a House-Senate conference committee. The new legislation would expand the boundaries of existing surveillance laws, permitting agencies such as the National Security Agency (NSA) the right to access emails and other online communications without authorization from a court.
Advocates of the measure argue that the legislation is necessary to remain abreast of potential terrorist threats, as well as other criminal activities. Proponents of the bill suggest that warrantless wiretapping could help identify and apprehend criminals involved in international and cyber-crime; however, critics counter that reforms of existing legislation would provide adequate protection to the public, and that introducing a new law sets a dangerous precedent.
A number of conventions for privacy protection, including the Fourth Amendment of the U.S. Constitution, are understood to be undermined by the proposal. The ACLU, for instance, has warned that the legislation would not only weaken Fourth Amendment protections but also add flexibility to the 198 existing statutes providing permission for the government to obtain records without a judicial order.
Despite being pushed off the agenda for now, the law will undoubtedly resurface each session. In the meantime, it serves as an alarming reminder of how far U.S. authorities are prepared to go in the pursuit of greater security. Tensions and uncertainty over this latest development are sure to linger, and only time will tell if Congress will succeed in finding a solution without infringing on the public’s right to privacy.