Both Democratic and Republican members of Congress are growing increasingly frustrated with the FBI and are proposing changes to the provision that allows the agency to collect surveillance data.
Legislators have said they will not vote to renew programs under Section 702 of the Foreign Intelligence Surveillance Act unless adjustments are made, as reported by the Associated Press.
The section “permits the government to conduct targeted surveillance of foreign persons located outside the United States.”
But critics claim the provisions functionally allow the federal government to gather communications from American citizens without a warrant — a violation of the Fourth Amendment.
The House Permanent Select Committee on Intelligence has said a complete renewal of Section 702 without any adjustments is not a viable option.
U.S. Rep. Pramila Jayapal (WA) is a Democrat, while Rep. Warren Davidson (OH) is a Republican. But both agree something must be done to protect Americans from unwarranted data searches by the FBI.
“Since the last reauthorization of Section 702 in 2018, we’ve learned that the FBI conducts backdoor searches about Americans at an alarming scale,” the two said in a bipartisan statement in March. “We cannot stand by while Section 702 surveillance and other spying programs carelessly violate Americans’ Fourth Amendment rights.”
“We are pleased to hear our colleagues on the House Permanent Select Committee on Intelligence say a clean reauthorization of Section 702 is a non-starter,” the statement continued. “We must take this opportunity to reform Section 702 and overhaul privacy protections for Americans so that they truly protect the civil rights, civil liberties, and privacy rights that are foundational to our democracy.”
Patrick Toomey, deputy director for the American Civil Liberties Union’s National Security Project, described Section 702 as “a domestic spying tool for the FBI.”
“The rules are extraordinarily permissive in practice, and yet FBI agents still regularly violate them,” Toomey said in an email, per the Associated Press. “Congress should require a warrant for these searches to protect Americans, because the FBI cannot be left to police itself.”
Even legislators who believe this law is a necessary national security measure have admitted there are problems that must be addressed after the FBI has habitually overstepped its boundaries.
“Section 702 has kept American citizens safe and our U.S. service members abroad out of danger,” said Rep. Mike Turner (R-OH), chair of the House Intelligence Committee. “However, changes must be made in order to prevent further FBI misuse and abuse of this vital national security tool.”
Other officials have characterized “Republican” opposition to the FBI as overblown.
“I think anger at the FBI has become an article of faith in the Republican conference,” said Rep. Jim Himes (D-CT), as reported by the Associated Press.
FBI Director Christopher Wray has acknowledged the errors of his agency, but he insists that changes will be made going forward.
“Like any major institution, we have made mistakes,” he testified to Congress last month, per the Associated Press. “To me, the mark of a leading organization is not whether it makes mistakes or not … but whether or not we learn from those mistakes. And I think we have.”
The Dallas Express reached out to the FBI and the offices of Reps. Joaquin Castro (D) and Dan Crenshaw (R), both of whom represent Texas and serve on the House Intelligence Committee, but received no response by the time of publication.
