in just a few weeks, an important but controversial surveillance authority, known as section 702 of the Foreign Intelligence Surveillance Act, will expire. This extraordinary authority was initially presented to Congress as a temporary emergency counterterrorism tool more than 15 years ago. As is often the case with temporary emergency authorities, section 702 is now used for a wide range of foreign intelligence purposes, from countering Russia to stopping the flow of fentanyl into the United States. Just last month, the Federal Bureau of Investigation revealed that data collected using section 702 allowed the Agency to foil several attacks in recent years, including attacks that would have crippled U.S. critical infrastructure and even threaten the lives of our U.S. servicemembers. And the authority has helped the U.S. uncover atrocities committed by Russia during its ongoing assault on Ukraine. I have had demonstrations of the 702 authority, and there is no doubt in my mind that it is a valuable tool for collecting foreign intelligence. But this authority raises serious constitutional concerns, as it allows access not just to communications by those who are foreigners but also to the vast databases of Americans' communications without the customary search warrant required by the U.S. Constitution.…
On the recordMarch 14, 2024
Source
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