House Intelligence Committee FISA “Reform” Bill Would Greatly Expand the Class of Businesses and Other Entities Required to Assist in FISA 702 Surveillance

Yesterday the House Permanent Select Committee on Intelligence unanimously approved the FISA Reform and Reauthorization Act of 2023 (FRRA), which would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA 702). The full House is expected to vote on this bill next Tuesday. Like other competing reauthorization bills that have been introduced (see here and here), the FRRA would impose new restrictions on the government’s access to and use of information about U.S. persons that has been incidentally acquired pursuant to FISA 702, a provision that permits the government to conduct warrantless surveillance of non-U.S. persons located outside the United States.   Although the FRRA is ostensibly a reform bill, it contains one notable provision that would significantly expand the government’s authority under FISA 702 by broadening the definition of “electronic communication service providers” (ECSPs) whom the government may compel to assist in FISA 702 surveillance. The statutory definition of ECSP currently covers: (1) a telecommunications carrier;  (2)...