The Biden administration took a step toward addressing concerns about a controversial government surveillance tool this week by releasing an advisory panel’s report of recommended reforms to it.
President Joe Biden’s Intelligence Advisory Board concluded that the tool should see minimal reforms as it comes up for reauthorization at the end of this year, but certain Republican and Democrat Congress members are pushing for far more dramatic changes.“If Congress fails to reauthorize Section 702, history may judge the lapse of Section 702 authorities as one of the worst intelligence failures of our time,” the report warned.
The advisory board report found the FBI, because of its domestic purview within the intelligence community, has made a “larger percentage of U.S. person queries” compared to the other agencies that have access to the tool, such as the CIA. “Unfortunately, complacency, a lack of proper procedures, and the sheer volume of Section 702 activity led to FBI’s inappropriate use of Section 702 authorities, specifically U.S. person queries,” the report found.
Months prior, the Office of the Director of National Intelligence released a declassified report that also found the FBI conducted several unlawful searches and had also inappropriately queried the name of a congressman, who later identified himself as Rep. Darin LaHood . Now, LaHood, Biggs, and a handful of other members from the House Intel and Judiciary Committees, the two committees with primary jurisdiction over section 702, are part of two working groups developing Congress's plan for the fast-approaching reauthorization deadline.In a hearing on the matter in July, Judiciary ranking member Rep. Jerry Nadler proudly declared that he had never voted to reauthorize section 702 in the past.
In Haines's most recent declassified report, released last month, she noted a small handful of violations with section 702 queries but also highlighted a drastic improvement in compliance with section 702's guardrails, which the FBI said were improved upon in 2021.
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