The United States and its allies are facing a dangerous time, as evidenced by Israel’s unpreparedness on Oct. 7. However, Congress voted to reauthorize a key intelligence power that provides critical information on various threats, including terrorism and fentanyl trafficking. Civil libertarians have expressed concerns about eroding privacy rights, but the latest version of the bill includes numerous legal safeguards to protect Americans’ privacy rights in the digital age.
At the heart of the debate is the Foreign Intelligence Surveillance Act (FISA), which was originally passed in 1978 to surveil foreign agents inside the United States. The rules have become blurred in the digital age, with many foreign nationals using American providers like Google and Meta, raising questions about where the targets are located and where their data is collected. Section 702 of FISA was introduced in 2008 to address this issue, allowing the government to efficiently obtain communications from foreign targets, providing valuable insight into various threats.
Although Section 702 is primarily targeted at foreigners abroad, it can include Americans who interact with these targets. While this incidental collection raises privacy concerns, it can also be crucial to U.S. security. The FBI investigates national security threats in the U.S. and can check the 702 database for Americans under investigation. However, concerns about abuses of this power have been raised, particularly regarding improper queries related to elected officials and political protests.
Reforms included in the bill passed by Congress aim to improve compliance and oversight of Section 702. By limiting the number and ranks of FBI agents who can run queries, imposing penalties for misconduct, and expanding oversight, the bill seeks to prevent abuses of this critical national security tool. Critics who argued for requiring a FISA court warrant before using information collected under Section 702 in investigations involving Americans were met with the argument that such a requirement would slow down investigations and potentially miss important connections to national security threats.
Balancing security and privacy concerns is an ongoing challenge, and recent years have shown the value of Section 702 for national security. However, there have been instances of lax compliance at the FBI, leading to calls for increased oversight and safeguards. The latest reauthorization of this surveillance power seeks to enhance privacy protections while maintaining the ability to address threats in today’s dangerous world. Matthew Waxman and Adam Klein, experts in national security and privacy, emphasize the importance of finding the right balance between security and privacy in the digital age.
