After hurdling procedural barriers, a congressional attempt to protect privacy and encryption failed on the House floor yesterday, falling short of a majority by a mere 24 votes.

Two years ago, the House stood united across party lines, voting by a remarkable margin of 293–123 to support the same measures, which would enhance security and privacy by limiting the powers of intelligence agencies to conduct warrantless backdoor searches targeting Americans, and to undermine encryption standards and devices.

Congress has no business approving government programs that neither it nor the public understands. Yet policymakers have repeatedly authorized surveillance activities without doing their homework. Over the eight years since enacting reforms to the Foreign Intelligence Surveillance Act (FISA), Congress has failed to gain a functional understanding of NSA Internet surveillance, and has never even considered its impacts on democracy.