The late comedian George Carlin talked about how, instead of simple words, we use “soft language” or euphemisms to hide the truth or avoid confronting reality. For example, practical “toilet paper” became formalized “bathroom tissue.” People no longer “die”; rather, we “pass away.” His most famous bit on this follows how the combat stress experienced by soldiers went from the clear, two-syllable “shell shock” in World War I to “battle fatigue” in WWII to “operational exhaustion” in the Korean War to the poly-syllabic, hyphenated “post-traumatic stress disorder” in Vietnam.

Carlin viewed this linguistic jujitsu as a strategy used by people in power to conceal facts, truth, or wrongdoing.

So, let us use simple language to confirm where we are.

Part I of this series on FISA 702 reviewed a claim that the FBI, NSA, and other government agencies abuse…misuse…mishandle the tools entrusted to them. Part II tested the truth of this and…George, help me out here…summarized evidence that the U.S. government violates…ignores…flouts… disregards…does not respect Fourth Amendment protections, the U.S. Constitution, or us.

What should we do? We have three basic options:

• Renew FISA 702 as is. This is a version of “do nothing” and, given the accumulated evidence of governmental abuse and mishandling of our private data, makes us patsies, pawns, and lackeys. (How am I doing, George?)
• Let FISA 702 expire. The CATO Institute lays out a strong case for this, especially given that, were it to expire, existing surveillance remains lawful under an annual certification until at least March 2027. In short, it’s business as normal for a while and Congress can continue to debate or check government power and let this…pass away.
• Reform FISA 702 and renew. If we ask, “what fixes could support legitimate efforts to secure the U.S. while respecting our Constitutional rights?” then we might start by supporting the SAFE Act proposed by Senators Lee (R, UT) and Durbin (D, IL).

The SAFE Act requires the government to obtain warrants before searching the communications of Americans. It closes the “data broker loophole” by prohibiting federal agencies from buying in bulk Americans’ personal info. It reforms other provisions and strengthens oversight. However, the SAFE Act is also a compromise; it contains exceptions for warrantless searches and for querying U.S. person identifiers and other domestic applications. The SAFE Act is a start.

(The Brennan Center for Justice provides a SAFE Act Q&A here.)

Supporting the SAFE Act, or simply letting FISA 702 expire, takes a page from the Founders. We need paychecks and balanced government and a good pair of shoes. The Constitution and Bill of Rights were hard-earned. Why chip away, obfuscate, conspire, or pretend that this comes without effort?

We address this and conclude in Part IV.