House Intelligence calls for 45 reforms to FISA 702 to stop ‘disturbing abuses’ as deadline nears
The House Permanent Select Committee on Intelligence Releases Report on FISA 702 Reauthorization
The House Permanent Select Committee on Intelligence has released its report on the reauthorization of FISA 702, outlining necessary reforms for the program set to expire in just over one month.
Led by Intelligence Committee Chairman Mike Turner (R-OH), the FISA working group, put together by former Speaker Kevin McCarthy (R-CA), has released a detailed report on the future of Section 702 of the Foreign Intelligence Surveillance Act. The report not only aims to prevent the program from expiring but also proposes reforms to ensure it is no longer abused.
Addressing Abuse and Ensuring National Security
The 702 portion of the FISA law allows the government to conduct targeted surveillance of foreign individuals outside the United States. However, it has been subject to abuse over the years. Recent declassified documents reveal that the FBI committed FISA violations 278,000 times, including surveillance on individuals connected to the George Floyd protests and the Capitol riot.
The report outlines 45 reform proposals for FISA 702, including measures to prevent FBI query abuse and criminal liability for leaks. It also aims to tighten the querying procedures for the FBI, requiring training, approval from an FBI attorney, and justifications for individual queries.
The report also addresses the need to prevent abuses similar to the surveillance of Carter Page during the 2016 election. It recommends enhanced criminal penalties for leaking FISA applications or providing false information to the FISA court.
The Urgency of Reauthorization
Section 702 of FISA is set to expire on December 31, and while there is bipartisan agreement on the need for reforms, Republicans and Democrats have yet to reach a consensus. The report emphasizes the importance of reauthorization, stating that failure to act would jeopardize national security and hinder the ability to identify and mitigate threats.
With the exclusion of a short-term FISA extension in the continuing resolution, time is running out to prevent the program from lapsing. Members of Congress express concerns about the design of the continuing resolution and stress the urgency of ensuring the continuation of 702 authority.
Representative Patrick McHenry (R-NC) warns against going dark on the program, emphasizing the recent terrorist attack on Israel and the need to prioritize national security.
For the full report, click here.
How does the report propose to address concerns about potential infringement on the privacy rights of U.S. citizens through the collection of incidental data?
E the program operates with proper oversight and accountability.
FISA 702, originally passed in 2008, enables the U.S. government to collect intelligence on foreign targets located outside the United States. The program has been a crucial tool in national security efforts, allowing intelligence agencies to gather information on potential threats to the United States.
However, concerns have been raised regarding the potential infringement on the privacy rights of U.S. citizens through the collection of incidental data. It is in response to these concerns that the House Permanent Select Committee on Intelligence has undertaken a comprehensive review of the program, culminating in the release of this report.
The report highlights several key findings and recommendations. First and foremost, the committee emphasizes the importance of maintaining the program’s effectiveness in safeguarding national security. However, it also stresses the need for additional oversight and safeguards to protect the privacy rights of American citizens.
One of the proposed reforms is the requirement for a warrant when querying the database for information on U.S. citizens. This safeguard would ensure that intelligence agencies cannot deliberately target American citizens without proper justification. Additionally, the report calls for increased transparency and accountability in the program, including regular reporting to Congress and the implementation of clearer redress procedures for individuals who believe their rights have been violated.
Another important aspect of the report is the call for stronger judicial oversight. The committee recommends instituting a process by which the Foreign Intelligence Surveillance Court (FISC) reviews and approves targeting and minimization procedures. This would provide an additional check on the potential abuse of the program and ensure that it is used only for its intended purposes.
Chairman Turner has stated that these reforms aim to strike the right balance between national security and the protection of individual privacy rights. The committee acknowledges that Section 702 is an essential tool in combating terrorism and protecting the nation, but it also recognizes the need for proper checks and balances to prevent abuses and violations of civil liberties.
The release of this report sets the stage for upcoming debates and discussions on FISA 702 reauthorization. As the program’s expiration deadline looms, it is imperative for policymakers to carefully consider the committee’s findings and recommendations. The report provides a roadmap for necessary reforms that can strengthen national security efforts while preserving the privacy rights of American citizens.
In conclusion, the House Permanent Select Committee on Intelligence has released a detailed report on the reauthorization of FISA 702. The report highlights the need for necessary reforms to ensure the program’s effectiveness and protect the privacy rights of American citizens. With the future of this vital program hanging in the balance, it is crucial for policymakers to carefully consider and act upon the committee’s recommendations in order to strike the right balance between national security and civil liberties.
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