The report, published on Monday, focuses on Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire in December. For the first time since 2008, Congress has proposed removing this provision due to revelations of the FBI's misuse of its surveillance powers. The FBI conducted nearly 300,000 inappropriate queries on U.S. citizens.
The President's Intelligence Advisory Board acknowledges that the FBI's misunderstanding of how Section 702 is applied led to accidental illegal queries. However, the board argues that failing to reauthorize the provision could jeopardize the government's ability to identify and neutralize national security threats.
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According to a statement from the White House, National Security Council leaders agree with the panel's assessment that not reauthorizing Section 702 could be "one of the worst intelligence failures of our time."
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National Security Adviser Jake Sullivan and Principal Deputy National Security Adviser Jon Finer support the board's recommendation to reauthorize Section 702 without imposing new restrictions that could hinder the government's ability to review lawfully collected intelligence. They also endorse measures to enhance compliance and oversight.
Section 702 of FISA allows U.S. intelligence agencies to collect data on Americans without a warrant while surveilling foreign targets abroad. The agencies, including the FBI, CIA, NSA, and National Counterterrorism Center, have access to the Section 702 database.
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The presidential board emphasizes that Section 702 is a crucial intelligence tool that enables the government to identify potential connections between foreign threats and U.S. individuals. Without the ability to conduct U.S. person queries, the government's capacity to address threats would be significantly diminished.
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The report reveals that approximately 69% of presidential daily briefings, which inform national security-related policy decisions, rely on information derived from Section 702 queries. U.S. person queries enable the agencies to link foreign threats to targets within the U.S., thereby preventing attempted bombings, cyber attacks, illicit Fentanyl trade, and other redacted threats.
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The panel's investigation uncovered instances of complacency, lack of proper procedures, and the sheer volume of Section 702 activity leading to the FBI's inappropriate use of its authorities, particularly U.S. person queries. To rectify this, the panel proposes reforms and stricter oversight to ensure the FBI's compliance. One proposed reform would prevent the FBI from accessing the Section 702 database for non-national security-related investigations.
House Judiciary Committee Chairman Jim Jordan has expressed his opposition to reauthorizing Section 702 in its current form, citing the FBI's illegal queries on the database and the collection of information on Americans.
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