The Biden administration on Tuesday called on Congress to renew a surveillance law set to expire at the end of the year, calling it a powerful tool in fending off foreign threats despite criticisms that it has become the FBI’s go-to justification for spying on Americans.
The law in question, known as Section 702 of the Foreign Intelligence Surveillance Act (FISA), authorizes U.S. government to electronically surveil foreigners “reasonably believe to be located outside the United States” without a warrant, even if they are in communication with Americans. This in effect allows intelligence agencies to collect millions of phone calls, emails, text messages, and video chats by compelling internet service providers like Verizon and AT&T to hand the data over.
According to the latest report by the Office of the Director of National Intelligence (ODNI), the FBI used its Section 702 powers to conduct nearly 3.4 million searches on U.S. citizens’ electronic communication data in the year of 2021, almost double from 1.3 million a year before.
In a letter (pdf) to congressional leaders, Attorney General Merrick Garland and Director of National Intelligence Avril Haines said Section 702 has been used to identify and protect against national security threats to the United States and its allies, including conventional and cyber threats posed by China, Russia, Iran, and North Korea.
“It has also become clear that there is no way to replicate Section 702’s speed, reliability, specificity, and insight,” the Justice Department officials stated.
First enacted in 1978, FISA was amended in 2008 to include Section 702. Supporters of the provision garnered enough votes in Congress to extend its life in 2012 and 2018. In 2018, Congress approved yet another 6-year extension with 256 votes in the House and 65 in the Senate, although some Republicans took issue with FBI citing Section 702 to justify spying on Michael Flynn.
“The comprehensive system Congress designed to ensure this irreplaceable intelligence tool protects the privacy and civil liberties of U.S. persons has worked,” Tuesday’s letter stated. “When incidents of noncompliance have been identified, remedial steps have been taken to ensure the authority is being implemented consistent with its limited scope.”
Assistant Attorney General Matthew Olsen also argued in favor of Section 702’s renewal at a Brookings Institution event.
“If Congress doesn’t act to reauthorize it, and if 702 expires or is watered down, the United States will lose absolutely critical insights that we need to protect the country,” Olsen said on Tuesday.
“We’ve used it to identify and disrupt hostile foreign actors’ efforts to recruit spies in this country, or to send operatives into the United States,” Olsen said. “And we’ve relied on 702 to mitigate and prevent foreign ransomware and other cyberattacks on U.S. critical infrastructure.”
The way the FBI utilizes Section 207 has caused resentment from both Democratic and Republican lawmakers, who are calling for either an overhaul or a full repeal of FISA.
Pramila Jayapal (D-Wash.), who chairs the Congressional Progressive Caucus, called the FBI’s behavior “totally unacceptable” and a “great example” of why FISA reauthorization must include “meaningful reforms to protect Fourth Amendment rights.”
In January, Rep. Andy Biggs (R-Ariz.) introduced a bill (pdf) to end FISA as a whole, accusing the FBI and federal intelligence agencies of using “scare tactics” to convince Congress to give them “unchecked powers.”
“I will not allow the FBI to misuse privileged spying powers to conduct rogue surveillance on innocent Americans,” the Congressman said.
Rep. Jim Jordan (R-Ohio) has also expressed similar concerns, telling Fox News last year that FISA should cease to exist for good. “We need to make changes to the FISA process. I think we should not even reauthorize FISA, which is going to come up in the next Congress,” he said.
We have all seen how this treasonous Democrat Party is using their Department of Justice, their FBI, their IRS to go after their political adversaries or any citizen that does not support their destructive, immoral and socialist agendas.
Pramila Jayapal (D-Wash.), who chairs the Congressional Progressive Caucus, called the FBI’s behavior “totally unacceptable” and a “great example” of why FISA reauthorization must include “meaningful reforms to protect Fourth Amendment rights.”
In January, Rep. Andy Biggs (R-Ariz.) introduced a bill (pdf) to end FISA as a whole, accusing the FBI and federal intelligence agencies of using “scare tactics” to convince Congress to give them “unchecked powers.”
“I will not allow the FBI to misuse privileged spying powers to conduct rogue surveillance on innocent Americans,” the Congressman said.
How many times has the Democrat Party used the FBI to go after Donald Trump or citizens that do not support their treasonous, immoral, destructive policies and agendas??
Nancy Pelosi admitted an unfortunate truth about her
orchestrate and fabricated President Trump’s impeachment “farce”
– It hinges on witness’s “allegations” not “proof”.
It’s Not A Question” Of “Proof”, It’s About “Allegations”
https://youtu.be/7dzhIxeF204
AND I would love to ask “WHAT foreign threats”.. THE FBI HAS long been focused on DOMESTIC ‘threats’ (ie right wing militias, right wing groups in general’, WHILE IGNORING FOREIGN threats (China, Cartels)…
Garland—I’m by you like I am Biden—whatever darkness should descend uypon you can’t come soon enough.
We sure dodged an activist bullet in 2016. Imagine that power-abusing, partisan hack getting a lifetime appointment to the Supreme Court!
BUT IS he doing as much damage HERE In charge of the dept of Just Us, as he would have, being one of 9 justices on the scotus?
They can toss that law out and everything in the Patriot Act which in my opinion should have been temporary and that knee jerk reaction should never have been used to create the completely worthless Department of Homeland Defense which when created was supposed to restrict access to the country from terrorists. They are letting in any and everyone unvetted, unverified and unvaccinated. Biden has also with his Parole Parkway to get around the law restricting the number of Educated and Skilled Workers who can get in on Visas
Agreed. Trump buggered up big time, buy NOT ENDING The patriot act while he was potus.
The current White House, the DOJ, and of course the FBI are all gubment thugs. And let’s include the NSA. It’s all about suppression and control. The gubment says the sky is green, we should all say YES, whatever you say. NNNNNNOOOOOO.