Partisan divide emerges in watchdog agency on surveillance law reform.
A Watchdog Agency Divided Over Reforms to National Security Program
A watchdog agency responsible for investigating U.S. national security programs is currently embroiled in a heated dispute over proposed reforms to sections of the Foreign Intelligence Surveillance Act (FISA). The agency’s members, split along party lines, recently voted on the matter.
The law in question pertains to Section 702 of FISA, which is set to expire at the end of the year. Congress will need to vote on its reauthorization. This particular program allows for warrantless surveillance of foreigners but also grants access to the communications of U.S. citizens.
Partisan Divide on Program Limits
However, Democrats and Republicans are at odds when it comes to establishing new limits for federal authorities regarding the use of this program. In a partisan vote, the five-member Privacy and Civil Liberties Board released a nearly 300-page report, with three Democrats in favor and two Republicans opposed. The Republicans presented their own proposed reforms as an annex to the report.
Despite their differences, both parties on the board agree that the program is crucial for national security and should be renewed by Congress. While the report itself is nonbinding, the panel holds significant influence on the matter.
“It is, in essence, two reports: A three-member report and a two-member report,” stated a senior Biden administration official during a press briefing. “The fact that there’s such division… makes it hard for the hill to know what exactly to do with two competing reports.”
Debate Over Current Law and Proposed Changes
The existing law allows U.S. intelligence agencies to collect communication records of foreign individuals located overseas. However, it also permits FBI agents to conduct “backdoor searches” on the data collected, which includes information on U.S. citizens.
In their proposal, Democrats argue that intelligence and law enforcement officials should be required to seek approval from the Foreign Intelligence Surveillance Court whenever they wish to access the 702 program database for information on U.S. citizens. They propose that a query must have a “reasonable likelihood” of gathering foreign intelligence or evidence of a crime.
On the other hand, Republicans on the panel, Beth Williams and Richard DiZinno, criticize the Democrats’ proposal as lacking legal justification. They contend that the proposed limits would make it significantly harder to detect and prevent hostile foreign actions, including acts of terrorism, against the United States. The Republicans also argue that these limits fail to provide meaningful additional privacy protections.
Some of the Republicans’ recommendations focus specifically on the FBI, which has faced numerous compliance violations in recent years. They suggest implementing “cultural, structural, and procedural” reforms to restore public trust in the FBI and establish safeguards against potential political or improper use of the program. These recommendations align with the stance of congressional Republicans, who believe that the FBI and Justice Department have been “weaponized” for partisan purposes.
Biden Administration’s Stance
Surprisingly, the Biden administration appears to lean towards the Republicans rather than the Democrats. They have been publicly and privately urging Congress to make minimal changes to FISA’s 702 program since last year.
A senior administration official from the Biden administration warned that the proposed requirement would be “the worst of all worlds” and could lead to delays in national security investigations. They emphasized that the executive branch would be unable to review search results without approval from the federal intelligence court.
FISA’s Section 702 has faced scrutiny for several months. In April, DOJ Inspector General Michael Horowitz expressed concerns about the program’s “backdoor searches” during a House Judiciary Committee hearing. A 2019 report from Horowitz also criticized the DOJ and FBI for concealing information from the FISA court related to the Trump-Russia investigation, among other issues.
In the context of the reauthorization of Section 702, what challenges does the Biden administration face in maintaining a balance between national security and civil liberties
Crime to justify such access.
On the other hand, Republicans contend that the current law strikes a balance between national security and civil liberties. They argue that imposing stricter requirements for accessing the database could impede the intelligence community’s ability to gather necessary information and prevent potential threats.
The main point of contention revolves around the “about” communications provision. This provision allows intelligence agencies to collect information that is “about” a target, even if the communication is not directly to or from the target. Democrats are seeking to narrow the scope of this provision, while Republicans argue for its preservation.
The debate over these proposed reforms reflects broader concerns about the balance between privacy and national security. Civil liberties groups have raised concerns about the potential for abuse of surveillance powers and the infringement on individual rights. Meanwhile, proponents of the program emphasize its effectiveness in gathering intelligence and preventing terrorist threats.
The Biden administration, which faces the task of navigating this divided watchdog agency and the impending reauthorization of Section 702, has yet to take a definitive stance on the proposed reforms. However, it has expressed the importance of maintaining both national security and civil liberties.
The dispute within the watchdog agency underscores the challenges in finding consensus and navigating the intricacies of national security programs. It highlights the ongoing tension between protecting the nation from external threats and safeguarding individual privacy and civil rights.
As Congress considers the reauthorization of Section 702 and the proposed reforms, it must carefully weigh these competing interests. Striking the right balance between national security and civil liberties is essential for upholding the values and principles upon which the United States was founded. The ultimate decision will shape the future of surveillance activities and the protection of individual rights in the face of evolving national security challenges.
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