FBI Official Encourages Agents to Conduct Warrantless Wiretaps in the US

Lawmakers Celebrate Continuation of Controversial Surveillance Program

On Wednesday night, a “bipartisan celebration” dubbed FISA Fest was held in a US Capitol building reception room to commemorate the extension of the contentious Section 702 surveillance-program-sparking-controversy/” title=”Trump Allies Block Vote on US Surveillance Program, Sparking Controversy”>surveillance program. The event was organized by House Intelligence Committee chair Mike Turner and ranking member Jim Himes, who played a crucial role in preserving the FBI’s warrantless access to data collected under the program.

Preserving FBI Authority

Turner and Himes worked tirelessly to convince their fellow lawmakers that the FBI’s self-designed procedures were sufficient to prevent further abuse of the surveillance program. They successfully defeated an amendment that would have required FBI employees to obtain search warrants before reviewing the communications of Americans captured by the program. The amendment, which was opposed by the Biden White House, failed in a tie vote of 212-212.

New Procedures and Safeguards

Under the new procedures, which are now part of the 702 statute, FBI employees must “opt in” before accessing the wiretaps and seek permission from an FBI attorney before conducting “batch queries” of the database. Additionally, queries for communications of elected officials, reporters, academics, and religious figures are now considered “sensitive” and require approval from higher-ranking officials.

The Evolution of Section 702

Congress established Section 702 in 2008 to legitimize an existing NSA surveillance program that intercepted partly domestic communications involving suspected terrorists. Since then, Congress has helped expand the scope of the surveillance to include a wide range of threats, such as cybercrime, drug trafficking, and arms proliferation.

Concerns and Criticisms

Surveillance critics are concerned that the array of possible targets extends far beyond what is being characterized in unclassified settings. It is widely accepted that governments with the power to spy often find reasons to monitor foreign allies, businesses, and even their own citizens. The chief aim of the 702 program is to acquire “foreign intelligence information,” a broad term that encompasses not only terrorism and acts of sabotage but also information necessary for the government to conduct its own “foreign affairs.”

We are working on it. I am absolutely committed to getting that fixed.

Senate Intelligence Committee chair Mark Warner has expressed his commitment to addressing the concerns raised by the European Commission, which argues that the new version of the surveillance program threatens to “dramatically expand the scope of entities and individuals” subject to Section 702 orders. Warner suggests that the best time to address these issues would be “in the next intelligence bill.”

Updated at 6:18 pm ET, May 8, 2024: Added comments from the FBI.