Big Tech Squares Off Against US Spies
Silicon Valley's influential lobbying group has teamed up with privacy reformers to oppose the Biden administration's proposed expansion of a major US surveillance program. The Information Technology Industry Council (ITI), which represents tech giants like Google, Amazon, IBM, and Microsoft, is strongly against the Biden administration's efforts to broaden the scope of a key government surveillance authority. The US Senate is expected to vote on legislation this Thursday that would extend a global wiretap program authorized by the Foreign Intelligence Surveillance Act (FISA). The bill, known as the Reforming Intelligence and Securing America Act (RISAA), includes a provision that could significantly expand the spy program, allowing the government to require the assistance of new categories of businesses. According to legal experts, this provision could force individuals like delivery personnel, cleaning contractors, and utilities providers to assist the government in accessing Americans' communications data, as long as one side of the communication involves a foreign party. The ITI is urging Congress to reject the RISAA due to its provision that expands the coverage of the surveillance program, known as Section 702. The trade association argues that these changes will lead customers both domestically and abroad to turn to foreign competitors, as they perceive US technology to be exposed to excessive government surveillance. The ITI's member companies include major equipment manufacturers like Ericsson, Nokia, and Broadcom, as well as cloud storage providers such as Google, Microsoft, IBM, and Salesforce. The ITI is calling for the removal of the provision and emphasizes that its position is based on a consensus among its members. Companies contacted by WIRED for their comments either did not respond or declined to provide a statement. The provision in question originates from a ruling made by the Foreign Intelligence Surveillance Court, which oversees the 702 program. This program is meant to target the communications of foreigners, including those involving US citizens. The government is permitted to compel the assistance of "electronic communications service providers" (ECSPs) to achieve this goal. While companies like Google and AT&T have traditionally fallen into this category as direct providers of these services, the government has sought to broaden the definition in recent years to include a wider range of entities that it can require assistance from. In response, the FISA court, supported by its review body, advised the government that the definition of an ECSP is subject to revision by the branches of government responsible for making statutory changes. In essence, the court reminded the government that only Congress has the authority to amend the law.