Navigating the Intersecting Pathways of U.S. Cyber Legislation: From FISA to Net Neutrality
In the evolving landscape of digital privacy, security, and internet regulation, several legislative frameworks have significantly shaped the discourse in the United States. These include the Foreign Intelligence Surveillance Act (FISA) along with Section 702, the House Permanent Select Committee on Intelligence (HPSCI) bill, Net Neutrality, the Internet Bill of Rights, the Patriot Act, the Reforming Intelligence and Securing America Act (RISAA), the Government Surveillance Reform Act (GSRA), and the Digital Millennium Copyright Act (DMCA). This article delves into each of these frameworks, discussing their differences, references, and connections to paint a comprehensive picture of U.S. cyber legislation.
Foreign Intelligence Surveillance Act (FISA) + Section 702
FISA allows for the surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers. Section 702, added in 2008, specifically authorizes the collection of foreign communications without a warrant, focusing on foreign individuals outside the U.S., but has raised concerns about incidental collection of U.S. citizens' data.
House Permanent Select Committee on Intelligence (HPSCI) Bill
The HPSCI bill proposes modest reforms to Section 702, allowing for an expansion of entities required to assist surveillance and limiting warrant requirements for U.S. person queries, effectively creating a more surveillance-friendly framework compared to more reformative proposals.
Net Neutrality
Net Neutrality principles, recently repealed by the FCC, mandated internet service providers to treat all data on the internet equally, without discriminating or charging differently by user, content, website, platform, or application. Although not directly connected to surveillance laws, it plays a crucial role in discussions about internet freedoms and rights.

Internet Bill of Rights
A concept yet to be solidified into a formal legislative framework, the Internet Bill of Rights advocates for fundamental digital rights for citizens, such as the right to privacy, open internet access, and transparency. This initiative intersects with the privacy aspects of FISA and the openness promoted by Net Neutrality.
The House surveillance bill has virtually no guardrails to prevent unwanted surveillance on Americans—instead, it potentially expands it. A national surveillance state is dangerous. I’ll fight to protect our civil rights and freedom of the press.https://t.co/hZFOqswlxW
— Senator Jeff Merkley (@SenJeffMerkley) April 18, 2024
Patriot Act
Enacted in response to the 9/11 attacks, the Patriot Act expanded the U.S. government's surveillance capabilities, including eased restrictions on foreign intelligence gathering within the United States. Its provisions intersect with those of FISA, particularly in areas concerning surveillance and data collection.
THERE WILL BE SENATE VOTES ON SECTION 702 TODAY. Please call this number (202-899-8938) ASAP to be connected to your Senators and urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to serve as NSA spies. 1/9
— Elizabeth Goitein (@LizaGoitein) April 18, 2024
Reforming Intelligence and Securing America Act (RISAA)
RISAA, seen as a compromise measure, proposes some reforms to Section 702 but has been criticized for being too close to the HPSCI bill in substance, focusing more on expanding surveillance capabilities rather than tightening them.
Government Surveillance Reform Act (GSRA)
The GSRA represents a more reformative approach compared to the HPSCI bill and RISAA, advocating for stricter controls on government surveillance, including a more stringent warrant requirement for U.S. person queries under Section 702.
Digital Millennium Copyright Act (DMCA)
Though primarily focused on copyright issues, the DMCA is part of the broader discourse on digital rights and privacy. It has implications for data privacy and management, especially concerning its anti-circumvention provisions, which have been critiqued for restricting users' access to legally acquired content.

Connections and Implications
These legislative measures, though varied in focus—ranging from copyright to surveillance—collectively influence the U.S. digital landscape. For instance, the broader surveillance powers established by the Patriot Act and FISA are complemented by specific measures in the HPSCI bill and RISAA. Conversely, the GSRA and proposed Internet Bill of Rights advocate for tightening surveillance and enhancing user rights, reflecting a push towards greater privacy and less government oversight.
The interplay between these acts demonstrates a balancing act between national security interests and individual privacy rights. With digital technologies evolving rapidly, the legislative frameworks governing them are under continuous scrutiny, requiring updates and reforms to address new challenges.
Conclusion
Understanding the connections, differences, and references among these significant pieces of legislation is essential for stakeholders navigating the complexities of U.S. cyber law. As debates continue and new proposals are introduced, the landscape of digital rights and security is expected to evolve, reflecting changes in technology, public opinion, and geopolitical dynamics.