Perils of Warrantless Surveillance: The Case for Foreign Intelligence Surveillance Act Reform

The U.S. Constitution protects its people against unreasonable searches and seizures.  However, under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security.  Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions.  They include Temple University Professor Xiaoxing Xi 郗小星 and possibly New York Police Department Officer Baimadajie Angwang 昂旺.  The current authorization of Section 702 will expire on December 31, 2023.  What should the Asian American and immigrant communities know about Section 1 702?  If it is not sunset, what reforms will be needed?  What are the next steps for the communities?