On Tuesday, Biden administration officials made a case for renewing the Foreign Intelligence Surveillance Act (FISA) surveillance program, which is crucial in countering terrorism, cyberattacks, and espionage operations abroad. The program grants U.S. spy agencies the authority to monitor and examine the communications of foreign individuals outside the country. It is set to expire at the end of the year unless Congress renews it. However, reauthorizing the program is expected to be a contentious issue as civil liberties advocates, along with Republicans, have raised concerns about the government’s spy powers.
In an attempt to address these privacy concerns, intelligence and national security officials highlighted the valuable information obtained through the program in recent years, such as ransomware attacks on critical infrastructure, disrupted spy recruitment efforts, and the killing of al-Qaida leader Ayman al-Zawahri. The provision at the center of the debate, Section 702, allows spy agencies to collect vast amounts of foreign communications but also results in the incidental collection of information from Americans in contact with foreign surveillance targets.
Republicans, still upset over FBI mistakes during the Russia investigation, view the government’s need for broad spy powers as vulnerable to abuse in this politically charged climate. In an effort to persuade Congress to renew the program and address any potential abuses, the administration released a letter from Attorney General Merrick Garland and National Intelligence Director Avril Haines. It delivered a speech by Assistant Attorney General Matthew Olsen.
National security officials argue that Section 702 is critical in their work, from collecting intelligence on China to preventing cyber intrusions, but declined to give specifics as they are classified. The intelligence community has also not disclosed the exact number of searches conducted on their bulk data for information on Americans, but the Office of the Director of National Intelligence reported in its most recent transparency report that in 2021, the FBI conducted “fewer than 3,394,053” searches.
Aside from privacy concerns, there are questions about the extension of power given to U.S. intelligence after 9/11, as the focus shifts from counterterrorism to great power competition with Beijing and Moscow and other threats, including cyberattacks.
The renewal of the FISA program has been a contentious issue for years, with civil liberties advocates raising concerns about the potential for government overreach and abuse of spy powers. Meanwhile, intelligence and national security officials argue that the program is necessary to protect the country from threats like terrorism, cyberattacks, and espionage.
To address these concerns, the Biden administration has taken steps to make their case for renewing the program, including releasing a letter from the Attorney General and National Intelligence Director and delivering a speech by the Assistant Attorney General for National Security. They have emphasized the program’s value in recent years, citing its role in stopping ransomware attacks, disrupting spy recruitment efforts, and contributing to the killing of al-Qaida leader Ayman al-Zawahri.
Republicans and civil liberties advocates remain skeptical about the government’s need for broad spy powers despite these efforts. The intelligence community has also declined to provide specifics about how they use the program, citing classification concerns.
The debate over the renewal of the FISA program is likely to continue as the expiration date approaches, and Congress decides whether to reauthorize the program. It will be important for the administration to address concerns about privacy and government overreach while also making a compelling case for the program’s necessity in keeping the country safe. The outcome of this debate will have far-reaching implications for the balance between national security and civil liberties in the United States.
