FISA report sparks demand for spy tool reforms.

Lawmakers Call for Revision of Foreign Intelligence Surveillance Act

Lawmakers from both sides of the political‌ spectrum ​are joining​ forces to demand⁤ changes to a crucial provision of the Foreign Intelligence Surveillance Act (FISA) following a declassified⁢ court ruling that exposed the FBI’s misuse of it last year.

“Another gross overstep by the [FBI] that further erodes the public’s trust,” exclaimed ⁣Sen. Rick Scott‍ (R-FL), expressing his concerns. He also questioned Attorney General Merrick ⁣Garland, ‌asking, “Who is​ being held accountable for this?!”

Declassified Ruling Reveals FBI Misuse

The ruling, made by ⁤the Foreign⁣ Intelligence Surveillance Court in April and recently declassified by Director of National Intelligence ‌Avril Haines, disclosed ‌that an FBI analyst inappropriately conducted four search queries on the names of a U.S. senator and a state senator in June 2022.

Although the analyst had information‍ suggesting⁢ that the legislators were targets of a foreign intelligence‌ entity, the ruling stated that the queries did not meet search standards.

Additionally, the ruling revealed that an official had used a state judge’s social security number to conduct a search after ⁤the judge had filed a complaint⁢ with the FBI.

“The FBI improperly ⁤used an intelligence ‌database (again) to search for information about⁤ a U.S. ‌senator ⁣and other state officials,” criticized House Judiciary Committee Chairman Jim Jordan (R-OH)⁤ in response to‍ the ruling. He emphasized the need for Congress to rein in⁢ the FBI’s power.

Reforms to FISA’s Section 702

Both ‌Chairman Jordan and his Democratic⁢ counterpart, ranking member Rep.⁤ Jerry Nadler (NY), are advocating for ⁢reforms ⁣to FISA’s section 702, which is set to expire ​this year. Despite their policy differences, they agree on the need​ for changes and have pledged to oppose its reauthorization until those changes are made, ‌citing⁢ concerns about civil liberties.

Section 702 allows the FBI to conduct warrantless surveillance for collecting foreign intelligence information.‍ However, it has been‍ a ⁤subject of ‌controversy due to its flexible ​requirements compared to other ⁤provisions in FISA.

While the provision is intended for surveilling foreigners, ‌the recent ruling is just one in a series of instances where​ the⁣ FBI has violated the privacy of ⁣U.S. citizens using this tool. The FBI claims that ‌these violations were unintentional and ⁢that recent reforms ‌have significantly improved their​ compliance with FISA.

The court ruling supports these claims,⁤ stating ​that it has not observed similar violations since the reforms ⁣were implemented in the past two years.

“It is important to note that neither the U.S. Senator nor the state senator were surveilled, and no​ new information was collected on either of them. … The primary focus should be on the ⁢Court’s finding that the FBI’s compliance rate with the query ⁢standard is over 98% after our reforms were implemented,” clarified the FBI‌ in a statement.

Debate Over ⁤Reauthorization

FBI Director Christopher Wray has emphasized the importance of the ​702 authority for national security, stating ‍that‍ access to the 702 databases is crucial for countering foreign threats such as terrorism and cyber attacks.

However, Senator Ron Wyden (D-OR), a staunch advocate for⁢ privacy, believes that last week’s ruling underscores the need for reforms‌ to protect the privacy of‍ U.S. citizens. He argues⁣ that the use​ of section 702 against ⁣”foreign governments and related entities” directly impacts the privacy of Americans who have legitimate reasons to communicate with foreign governments.

Senator⁤ Mike Lee (R-UT) expressed his⁣ support for a “clean” reauthorization of FISA 702, highlighting the importance of protecting the Fourth Amendment and centuries of legal precedent.

Meanwhile, House Intel Committee Chair Mike Turner (R-OH) has appointed Rep. Darin LaHood (R-IL) to lead a working ​group in crafting reform proposals. Turner, who ​acknowledges ⁢the necessity of FISA authority, believes that there is no support in Congress for a clean reauthorization and suggests a significant ⁤overhaul ⁢that could limit or ⁤eliminate the FBI’s access to the ⁣tool.

The Biden administration, on the other hand, is urging for a reauthorization‌ of the provision without any⁤ changes. However, they ‌face vocal‌ objections from key members of Congress,‍ making it a challenging task‌ to achieve before the end of the year.

Last week’s⁣ ruling follows a⁢ court opinion declassified ⁣by Haines ⁢in May,⁢ which revealed the FBI’s improper use of FISA’s section 702 in over 278,000 instances prior to the recent reforms. These instances included investigations related ‌to the ⁢January 6 Capitol ‌riot and protests surrounding the death of George Floyd.

Click here to read more from​ The ‍Washington​ Examiner.

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