April 24, 2024
Stop AAPI Hate issued the statement below in response to the passage of the Reforming Intelligence and Securing America Act (RISAA) into law this weekend. This legislation reauthorizes Title VII of the Foreign Intelligence Surveillance Act (most controversially including a provision known as Section 702) and significantly expands the federal government’s power to conduct warrantless surveillance on U.S. persons. In addition to unacceptably expanding surveillance powers, this bill further fails to include meaningful protections for people in the United States, but does include special protections that exclusively serve members of Congress.
In a joint letter to Congress published last fall, Stop AAPI Hate and 90+ other racial justice and civil rights organizations condemned the federal government for conducting unlawful surveillance on communities of color, political activists, and other citizens under Section 702.
This quote can be attributed to Cynthia Choi, Co-Founder of Stop AAPI Hate and Co-Executive Director of Chinese for Affirmative Action:
“RISAA’s passage is a grave setback. This bill not only fails to enact meaningful reform but also expands the government’s surveillance capabilities without essential warrant requirements, further endangering the civil liberties and civil rights of everyday Americans – particularly communities of color.
RISAA includes a provision enabling the government to compel tens of thousands of new businesses and millions of Americans to “assist” in warrantless surveillance. This provision places Asian Americans at a heightened risk of being forced to spy on their overseas families and friends, and disturbingly allows the government to force ANY “service provider” with “access to equipment that is being or may be used to transmit or store wire or electronic communications” to help the government tap into communications equipment. This means the government can now force Asian Americans to help the NSA access other Americans’ networks, which is a severe threat to us and to the trust our communities are built on — no Americans should be forced to spy on behalf of the government. It would exacerbate the climate of fear and mistrust amidst the ongoing scourge of racism and discrimination targeting Asian and other communities of color in the U.S. It is unacceptable to increase our communities’ exposure to warrantless and unjust surveillance activities.
Furthermore, RISAA includes a provision that dramatically expands the use of the FISA 702 database. The provision broadens the scope of surveillance to include persons seeking to come to the U.S. for work, study, or travel purposes, potentially subjecting individuals to unwarranted intrusion into their privacy and undermining their civil liberties, when there is no reason to believe they pose a risk to national security or possess foreign intelligence information. Visa holders, including long-term residents, face heightened scrutiny during routine travel, opening the door to potential abuse of surveillance powers without adequate safeguards.
Stop AAPI Hate will continue to work tirelessly with our civil liberties and civil rights partners to champion meaningful reform that protects the privacy and civil liberties of all Americans. We will hold federal officials accountable for their support of these toxic policies and for any abuses under this new surveillance regime.”
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