An influential coalition of lawmakers from both sides of the aisle said Tuesday that they would attempt to prevent the renewal of the government’s primary spying tool unless intelligence agencies agree to new rules mandating warrants before accessing Americans’ communications.
Section 702 of the Foreign Intelligence Surveillance Act allows the government to collect large amounts of data in the effort to combat international criminals and terrorists, and it is set to expire at the end of December unless Congress extends it.
The lawmakers, a mix of Democrats and Republicans, stated that the government should have the powerful tool, but only if the intelligence agencies acknowledge any misuse of the program and agree to new limits on their ability to access the data.
“It’s time for a trade,” said Sen. Mike Lee, Utah Republican. “We will vote to reauthorize [the law], but only with rules that will require the government to obtain a warrant before entering our digital domains.”
The proposal would still allow the government to collect substantial amounts of information, but agencies seeking to access data of Americans would have to obtain warrants or demonstrate urgent circumstances, such as a hostage situation or imminent threat of death.
Agencies would be prohibited from attempting to bypass the warrant requirement by purchasing data from a third-party vendor. The legislation would specifically prohibit the intentional targeting of an American living overseas and would strengthen the process for testing FISA in the secret court responsible for overseeing the program.
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Section 702, which authorizes the collection and use of the data, would be extended for four more years.
Sen. Ron Wyden, Oregon Democrat and the bill’s chief sponsor, said the measure would restore a balance lost in the digital era, particularly over the decades since the 2001 terrorist attacks and passage of the Patriot Act.
“Americans understand that it’s possible to confront our countries’ adversaries ferociously without throwing our constitutional rights into the garbage can, but for too long, the surveillance laws haven’t kept up with changing times,” Mr. Wyden said.
newstodayalert has reached out to the Office of the Director of National Intelligence for this report.
As envisioned, Section 702 gathers data and allows U.S. agencies to store it. The CIA, FBI or National Security Agency can query the data as they investigate foreign individuals outside the U.S.
The agencies are not supposed to target U.S. citizens, but queries sometimes collect data from Americans’ communications.
Top intelligence community officials have indicated they would be open to some changes being made by Congress, such as enshrining into law the updates that the FBI claims to have made on its own.
They have strongly objected to excessive adjustments, arguing that, despite any flaws, the program produces outstanding results.
The Justice Department informed Congress this summer that Section 702 data collection and use have disrupted assassination plots, thwarted kidnappers, and enabled the FBI to thwart computer ransomware attacks and track terrorists.
The NSA states that approximately 60% of the items in the president’s daily intelligence briefing can be traced back to communications gathered through Section 702. The CIA stated that nearly 40% of the articles in its daily intelligence review contain data derived from 702 collections.
The most compelling argument that supporters make is regarding the fight against fentanyl. Intelligence agency officials stated that they can track cartels that produce and smuggle the deadly opioid, but only if they can access 702 collections.
Reports of FISA abuses surface with alarming frequency.
Earlier this year, reports indicated that the FBI used its data tool to access information on donors to a congressional campaign, individuals arrested at protests in the summer of 2020 following the death of George Floyd, individuals linked to the election protests at the Capitol on Jan. 6, 2021, and even crime victims.
The FBI stated that it had addressed the issues, but lawmakers said those assurances were not credible.
“The only thing the FBI seems eager to fix is getting caught,” Mr. Lee said.
Rep. Zoe Lofgren, California Democrat, said the problems occurred under Democratic and Republican administrations and the proposed solution on Tuesday had support across the political spectrum. She stood alongside Rep. Andy Biggs, an Arizona Republican, with whom she disagrees on most other significant ideological issues.
Also supporting the bill are prominent figures such as Sen. Elizabeth Warren, Massachusetts Democrat, and Rep. Barbara Lee, California Democrat, as well as staunch conservatives such as Rep. Thomas Massie, Kentucky Republican, and Sen. Steve Daines, Montana Republican.
The bipartisan unity was matched by the list of outside groups supporting the proposal.
They include the American Civil Liberties Union and Demand Progress from the left and Americans for Prosperity from the right. Also on board are digital-focused groups such as the Electronic Privacy Information Center.
The coalition of both liberal and conservative lawmakers could play a crucial role in the battle over the law’s fate. Some lawmakers may prefer to end Section 702, but a larger group is open to granting the government more flexibility. Depending on the size of the two camps, the coalition on Tuesday may hold the majority.
