Coalition of 63 Asian American and Allied Organizations Opposes Short-Term Reauthorization of Section 702

November 14, 2023

National Asian American Coalition Letter Led By Asian American Scholar Forum, Asian Americans Advancing Justice | AAJC, Chinese for Affirmative Action (CAA) & Stop AAPI Hate

To: All Members of the U.S. Congress

We, the undersigned coalition of 63 Asian American and allied organizations, write to express our strong opposition to including a short-term reauthorization of Section 702 in a continuing resolution or any other “must-pass” legislation. Just as we recently urged comprehensive reforms in our previous communication, we now stress the importance of avoiding a short-term extension that would not serve the American public’s best interests.

Section 702 and related surveillance authorities have been misused to spy on Americans, including but not limited to protesters, journalists, campaign donors, and members of Congress. The consequences of such misuse have had a profound impact on our Asian American community, resulting in wrongful targeting, unjust surveillance, and devastating tolls on careers, livelihoods, and reputations. This disproportionate targeting has fostered a climate of fear among Asian Americans and their families, causing anxiety about being stopped, monitored, or investigated while engaging in everyday activities. These issues not only raise significant concerns about civil liberties and civil rights, but also underscore the need for substantial reform. 

If Section 702 requires reauthorization, it must be pursued through standalone legislation, subject to open debate and amendment. Numerous members of Congress, including committee chairs, firmly oppose reauthorizing the law in its current form. In essence, a straight reauthorization of Section 702 would not pass Congress if subjected to an up-or-down vote. Meanwhile, privacy champions have recently offered the only existing path forward in the form of the Government Surveillance Reform Act of 2023, which members of Congress deserve the opportunity to vote for on the floor.

The inclusion of a short-term reauthorization in larger “must-pass” bills would undermine the democratic process, run counter to the will of Congress, and disregard the concerns of the American people. Such an approach could also imperil the long-term viability of Section 702 by alienating members who are willing to engage in constructive negotiations for meaningful reforms.

In light of our recent call for comprehensive reforms, we urge you to consider these concerns seriously and to reject any short-term reauthorization of Section 702. Failure to do so would perpetuate a system that unjustly targets Asian Americans and subjects them to unwarranted surveillance.

Sincerely,