The White House Acknowledges the Pressure on Section 702, But Much More Reform is Needed
Electronic Frontier FoundationAug 02, 2023
The Facts
On Monday, the President's Intelligence Advisory Board (PIAB), a White House body, recommended that US Pres. Joe Biden limit the Federal Bureau of Investigation's (FBI) access to a warrantless surveillance program while also urging lawmakers to renew the legislation that underpins it.
Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the government to collect the communications of foreigners living outside of the US without a warrant. Section 702 is set to expire this year, with some lawmakers calling for reform of the surveillance law.
The Spin
Establishment-critical narrative
The recommendations from the PIAB only cover a fraction of the millions of backdoor searches the FBI conducts illegally on US citizens, thanks to Section 702. Politicians from both sides of the aisle have threatened to let the program lapse entirely if the FBI doesn't clean up its act, as the people grow fed up with warrantless surveillance. The government needs to respect the civil liberties of the American people.
Pro-establishment narrative
While these suggestions are welcome news, they don't change the fact that Section 702 has been an invaluable tool to keep Americans safe from harm. Information gathered under the provision has averted terrorist attacks and kept America a step ahead of adversaries. Indeed, most of the information in the President's Daily Briefing comes from Section 702, and agency mistakes shouldn't be allowed to discredit the program entirely.
