The Biden administration formally asked on Tuesday that Congress extend Title VII of the Foreign Intelligence Surveillance Act (FISA), a controversial espionage program intended to battle global threats before it expires at the end of the year.
Merrick Garland, Attorney General, and Avril Haines, Director of National Intelligence, argued in a letter to congressional leaders that retaining Title VII is the administration’s “highest legislative priority.” The letter focuses on Section 702, introduced in 2008 and used to monitor non-U.S. citizens overseas. However, Title VII also contains additional parts that address surveillance processes and safeguards for U.S. individuals abroad.
Garland and Haines claim that Section 702 has been crucial in identifying and defending against “conventional and cyber threats” presented by China, Russia, Iran, and North Korea to the national security of the United States and its allies.
They provided many examples of Section 702’s use, including its contribution to the operation that led to the 2022 CIA drone attack in Afghanistan that killed Al Qaeda leader Ayman Al-Zawahiri. “Section 702 has proven a cornerstone of U.S. national security,” said White House National Security Adviser Jake Sullivan.
As a result of this power, U.S. defense, intelligence, and law enforcement agencies can react to threats posed by the People’s Republic of China, Russia, malicious cyber actors, terrorists, and others who attempt to damage our vital infrastructure.
A number of privacy and civil liberty advocates have expressed concerns about warrantless surveillance as a result of the random mass collection of data, including the communications of Americans in contact with a foreign target, and the misuse of surveillance powers, such as the FBI’s targeting of a 2016 Trump campaign aide with an unverified dossier.
Several members on both sides of the aisle have already opposed the current version of FISA. Rep. Pramila Jayapal (D-Washington) has called for “serious reforms” to preserve Fourth Amendment rights. At the same time, Rep. Andy Biggs (R-Arizona) issued a letter to FBI Director Christopher Wray two weeks ago requesting answers on “backdoor searches” that appear to have targeted politicians.
Biggs stated that he and his congressional colleagues were reviewing whether FISA 702 authority should be reauthorized beyond December 31, 2023. We cannot proceed with this process until we obtain timely and comprehensive responses from Director Wray.
In the coming days, members of Congress will have the opportunity to question the Biden administration on the FISA program, as Garland and Haines are scheduled to testify before important committees.
Garland and Haines stated in their letter that the intelligence community and the Department of Justice are committed to working with Congress on potential improvements to the FISA program that fully protect its effectiveness.
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