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The Republican rift jeopardizes the expansion of a cornerstone of U.S. intelligence collection, where the government collects vast amounts of internet and cell phone data.
The trove of data currently at stake is vital to the United States. By one assessment, it underpins much of the intelligence the president discusses every morning and has helped the United States track Russia’s intentions in Ukraine, detect foreign efforts to access U.S. infrastructure, uncover foreign terrorist networks and thwart terrorist attacks. in the USA.
But none of this should completely distract Americans from the real, bipartisan debate over whether to impose new restrictions on how the government can access the vast amounts of data and hundreds of data it collects in the program under Section 702 of the Foreign Intelligence Surveillance Act. Thousands of Americans whose information is accidentally accessed without permission each year.
Trump distorted facts to ‘KILL FISA’
Former President Donald Trump called on Republicans to “KILL FISA” in a social media post, falsely claiming that the part of the law that needed to be renewed was used to spy on the 2016 presidential campaign.
His call, which came despite Trump reauthorizing the program while in office, sparked a predictable outcry among right-wing Republicans. They nixed House Speaker Mike Johnson’s plan to expand the FISA Section 702 program with minimal adjustments. Democrats collectively opposed the procedural vote.
It is true that the FBI obtained permission through FISA to wiretap the phones of Trump’s first presidential campaign advisor, Carter Page. During this process, an arrest warrant was issued for Page due to his deep ties with Russia.
But Section 702, the part of the law that Trump is trying to kill, is about what the U.S. government does without authorization; The key distinction is between targeted surveillance of a US citizen like Page and the wholesale collection of large amounts of government-held data. is locked and accessed routinely.
When does the program end?
Lawmakers are seeking a Plan B path to expand Section 702’s authority before it expires on April 19. The Foreign Intelligence Surveillance Court recently approved the program’s procedures through April 2025, but if the authority expires, it could stop providing the data U.S. companies rely on to the Government.
What kind of data are we talking about?
Under updates to the FISA law that took effect in 2008, the government has the authority to force U.S. phone companies and internet providers to access communications over the “backbone” of the internet. The government may also require access to phone information that could allow it to obtain the content of calls, as well as require email providers and others to provide communications from a specific address.
It’s hard to quantify exactly how much data and communication this represents, but the scope is huge.
That’s not all. According to the September 2023 public oversight report from the Privacy and Civil Liberties Oversight Board, which was created to periodically evaluate the program, the board mentions only an additional “highly sensitive” technique in addition to the above data collection methods. Authorized in 2022.
What does the government do with all this data?
The trove of data, which includes a large portion of US internet traffic, is intended to give US intelligence agencies quick access to data on foreigners in other countries.
According to the National Security Agency, 60% of the information in the Presidential Daily Briefing includes some data from the 702 program. The Oversight Board report states that data investigations are critical to ensuring the United States understands Russia’s aggression against Ukraine, foreign actors planning cyberattacks in the United States, and China’s targeting of dissidents.
How does this concern Americans?
Americans’ data is frequently accessed when they communicate with strangers or have their information consulted by studied strangers, through what critics call “backdoor” searches.
The 702 program has been updated in the years since its inception, including 2018, to include new protections to minimize unauthorized access to Americans’ communications.
But the Brennan Center for Justice at New York University cites publicly available data suggesting the FBI conducts hundreds of thousands of such “backdoor” searches each year. Learn more about backdoor searches from CNN’s Katie Bo Lillis.
The Brennan Center noted public violations, many of which were documented in the Privacy and Civil Liberties Oversight Report; these include “141 Black Lives Matter protesters, members of Congress, 19,000 donors to a congressional campaign, a local political party, and tens of thousands of people involved in ‘civil unrest’.”
Does this program have any controls?
Yes. While a special Foreign Intelligence Surveillance Court does not approve individual warrants for the Intelligence Community or the FBI to investigate the data, it does approve procedures for how to access the data. The Department of National Intelligence has a flow chart that tries to explain these.
What are the recommended fixes?
There are bipartisan proposals to add additional protections for Americans, perhaps including a new requirement that the government obtain permission before accessing most communications about Americans.
Additionally, these proposals would prevent the government from evading consent requirements by purchasing Americans’ data from so-called data brokers. Johnson removed a proposal from the bill that failed this week, which was overwhelmingly approved by the House Judiciary Committee.
Why isn’t a permit required for Americans?
FBI Director Christopher Wray told House lawmakers on Thursday that requiring a search warrant would be harmful.
“Let me be clear,” he said. “Not reauthorizing 702 or gutting it with some kind of new warrant requirement could be dangerous and put American lives at risk.”
The FBI is increasingly concerned about a coordinated terrorist attack within the United States, he said, mentioning the concert hall attack in Moscow that the U.S. government had warned Russian officials to expect.
Speaking on CNN Thursday afternoon, former CIA Director Leon Panetta said speed can be crucial when using this data.
“You need to be able to act quickly to respond to these calls to determine if there is an immediate threat occurring,” he said, arguing that the program helps prevent planned attacks in the region. New York City subway.
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