Staff Reports
With only a short six weeks left in the year, the Biden administration is racing against time to secure the reauthorization of a crucial spy program, Section 702 of the Foreign Intelligence Surveillance Act. This program is essential for combatting terrorism, catching spies, and thwarting cyberattacks.
If the White House and Congress don’t strike a deal, Section 702 will expire at the end of December. The intense debate surrounding this program has led to some unexpected alliances at the intersection of privacy and national security, and it’s a hot topic that’s getting everyone riled up.
A key U.S. spy tool will lapse at year's end unless Congress and the White House can cut a deal https://t.co/hwoAmVK4r9
— The Washington Times (@WashTimes) November 23, 2023
The administration insists that without Section 702, the government will be unable to gather vital intelligence from overseas. On the other hand, privacy advocates from various political perspectives argue that the current law infringes on the privacy of everyday Americans and is in desperate need of changes before reauthorization.
Assistant Attorney General Matthew Olsen emphasized the gravity of the situation, calling the renewal of this law one of the most critical national security decisions facing the country.
Enacted in 2008, Section 702 allows the U.S. intelligence community to collect communications from foreign nationals overseas without a warrant if they’re suspected of posing a national security threat. Additionally, the government can intercept the communications of American citizens and others in the U.S. who are in contact with the targeted foreigners.
The Biden administration has been touting the successes of Section 702 over the past year, citing instances where intelligence from the program thwarted attacks or contributed to significant operations. They maintain that information from this program is crucial, with a high percentage of articles in the president’s daily brief containing Section 702 intelligence.
While both sides agree on the value of the program, they clash on the specifics of its structure, leading to a deadlock as the deadline looms. This tussle comes as Congress grapples with a slew of year-end priorities, such as the risk of a government shutdown and disagreements over border security and war spending.
Adding to the administration’s challenges is the coalition of lawmakers skeptical of government surveillance, which includes privacy-oriented liberal Democrats as well as Republicans loyal to former President Donald Trump, who remain wary of the intelligence community due to the investigation of ties between Russia and the 2016 Trump campaign.
The race to secure reauthorization of the surveillance powers is a familiar occurrence, with history showing that clashes like these are par for the course when statutory sunsets approach. Section 702 was last renewed in January 2018 after a contentious congressional vote, and Trump, in signing the legislation, praised its life-saving capabilities while also lauding new privacy protection measures.
So, as the clock ticks down, the Biden administration and Congress are in for a nail-biting finish in this high-stakes tussle over Section 702. Who will emerge victorious in this battle of national security and privacy concerns? Only time will tell.
