November 1, 2023 at 09:31PM
FBI Director Christopher Wray has warned that if the Feds’ Section 702 surveillance powers are allowed to lapse, the FBI may not be able to prevent the next major cyberattack by foreign adversaries like Iran or China. Section 702 of the Foreign Intelligence Surveillance Act allows US intelligence agencies to monitor foreigners’ electronic communications, but has also been abused by the FBI to conduct warrantless surveillance on US citizens. Various groups and lawmakers are calling for reform of the section, while the intelligence community is pushing for its renewal.
According to meeting notes, FBI Director Christopher Wray has expressed concern that if the Congress allows Section 702 surveillance powers to lapse, the FBI may not be able to prevent the next major cyberattack. Wray emphasized the importance of Section 702 as a crucial tool in detecting and countering cyber threats. He also highlighted the potential consequences of not having sufficient authorities to disrupt attacks planned by foreign terrorists.
Section 702 of the Foreign Intelligence Surveillance Act allows American intelligence agencies to monitor the electronic communications of foreigners outside of the United States. However, this can also result in the collection of data belonging to US persons and individuals associated with them. While the purpose is to combat crime and prevent terrorist activities, the FBI has been criticized for abusing these surveillance powers by conducting warrantless surveillance on US citizens, including protesters, campaign donors, and elected officials.
The current rule is set to expire at the end of 2023 unless renewed or reformed by lawmakers. Wray and the intelligence community have been advocating for the renewal of Section 702, while civil rights and civil liberties groups, as well as some lawmakers, have been calling for reforms to protect the privacy and rights of US persons.
Jake Laperruque, deputy director of the Center for Democracy and Technology’s Security and Surveillance Project, has noted that the FBI’s objection to proposed reforms seems consistent with the intelligence community’s stance throughout the year. Laperruque also mentioned the calls for reform from organizations such as CDT, ACLU, and the Electronic Frontier Foundation, as well as support from lawmakers on both sides of the political spectrum.
A privacy panel within the US government has recommended reauthorizing Section 702 spying powers, but with stronger protections for US persons. These recommendations include requiring FISA court approval for queries involving US persons, narrowing the scope of permissible targeting, strengthening the role of FISA Court amici, and prohibiting “about” collection that allows broader surveillance. It’s worth noting that the new Speaker of the US House of Representatives, Mike Johnson, has previously criticized the FBI for misuse of the surveillance legislation.
The White House has urged Congress to reauthorize Section 702 without imposing new restrictions, warning that letting the law expire would be a significant intelligence failure. However, critics argue that the question is not whether to end or maintain Section 702 but rather to implement reforms, such as requiring a warrant for US person queries, without undermining the value of the program.
Laperruque challenged Wray’s objection to the proposed warrant rule, suggesting it was hyperbolic and out of touch with the necessary reforms. He also mentioned that it is time for the administration to acknowledge the need for significant changes and come to terms with where Congress stands on the issue.
It seems evident from the meeting notes that there is debate and controversy surrounding the potential expiration or reform of Section 702 surveillance powers, with various stakeholders expressing their concerns and positions.