State official disturbed by FISA abuses, supports program continuation.

Assistant Secretary of State Brett Holmgren recently defended the controversial Section 702 of the Foreign Intelligence Surveillance Act (FISA), despite its numerous abuses. Holmgren, who oversees the State Department’s Bureau of Intelligence and Research (INR), emphasized the program’s national security and diplomatic benefits, downplaying its violations.

What is Section 702?

Section 702 is a provision in U.S. law that allows for intelligence gathering of foreign agents operating outside the U.S. However, a litany of violations has left the fate of the program—which is set to expire on Dec. 31 if Congress doesn’t reauthorize it—uncertain.

Abuses of Section 702

Most prominently, Section 702 has been repeatedly abused by the FBI. This abuse peaked in 2021 when, according to a FISA court-ordered report, the FBI used Section 702 to make over 3.3 million illegal queries of U.S. citizens. After 2021, the agency reportedly made internal reforms. Director Christopher Wray has said that illegal queries decreased by 90 percent after changes were instituted. But another recently-unsealed court opinion left the FBI again facing questions about its use of the program, and again promising changes to address newly-discovered abuses.

Defending Section 702

During a speech at the Center for Strategic International Studies in Washington, Holmgren argued in favor of the diplomatic and national security benefits of the program. He confessed that he found the revelations of FBI spying on Americans using Section 702 “disturbing and unfortunate.” Still, he emphasized other facets of the program.

“702 has been vital to countering … national security threats,” including “foreign threats, terrorists and cyber attacks, espionage, and weapons of mass destruction,” Holmgren said. “Simply put, the 702 program doesn’t just help defend and protect U.S. interests. It is essential to advancing and promoting U.S. interests in the world.”

Conclusion

While Section 702 has been useful in countering national security threats, its numerous abuses cannot be ignored. As Congress decides whether to reauthorize the program, it must weigh its benefits against its potential for abuse and violation of Americans’ privacy rights.