Future Of Controversial Surveillance Program In Question As Lawmakers Probe FBI Over Abuses

The Future of Controversial Surveillance Program in Jeopardy

Lawmakers are currently debating the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows intelligence agencies to obtain the online communications of foreign nationals without a warrant. However, critics have raised concerns that lack of oversight of the program also allows the communications of American citizens to be obtained without a warrant or due process. With increasing skepticism of the American intelligence community, the future of this controversial surveillance program is in jeopardy.

Renewal of Section 702

Section 702, first implemented in 2008, was renewed by then-President Donald Trump in 2018. Despite initial skepticism, Trump renewed the powers following a discussion with then-House Speaker Paul Ryan (R-WI). However, several Democrats, including Rep. Jerry Nadler and Pramila Jayapal, have expressed skepticism about the renewal of Section 702.

Concerns Raised by Lawmakers

During a hearing on Thursday by the House Judiciary Subcommittee on Crime and Federal Government Surveillance, Rep. Matt Gaetz (R-FL) asked a panel of witnesses about how many federal government employees had access to FISA data. The panelists all said that upwards of 10,000 FBI personnel may have access to section 702-acquired FISA data. This has raised concerns about the lack of oversight and the potential misuse and abuse of this vital national security tool.

Flaws in the System

In his prepared statement to the committee, Department of Justice Inspector General Michael Horowitz noted that the FBI’s Crossfire Hurricane investigation’s use of FISA to go after Donald Trump aide Carter Page was deeply flawed. “We identified multiple instances in which factual assertions relied upon by the FISC in the FISA applications were inaccurate, incomplete, or unsupported by appropriate documentation, based upon information the FBI had in its possession at the time the applications were filed,” he said.

The Future of the Surveillance Program

Rep. Andy Biggs (R-AZ) said on Thursday that he believed that Section 702 was “already beyond repair.” Without any action from Congress, the surveillance program will expire at the end of the year. It remains to be seen what the future holds for this controversial program.

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