House Intelligence Committee chair Mike Turner and ranking member Jim Himes hosted a bipartisan event last week called FISA Fest to celebrate the continuation of the 702 program. The event took place in a reception room at the US Capitol building on Wednesday night.
Despite requests for comments, a spokesperson for the House Intelligence Committee did not respond.
Turner and Himes played a key role in preserving the FBI’s warrantless access to 702 data. They advised their fellow party members to not restrict the FBI’s authority too much and supported the bureau’s own proposed procedures as a defense against potential abuse.
In a close victory last month, Himes and Turner successfully defeated an amendment that would have required FBI employees to obtain search warrants before accessing communications of Americans collected through the program. Instead, new FBI procedures, outlined in the 702 statute, now mandate employees to opt-in before accessing wiretaps and seek approval from an FBI attorney before conducting batch queries. Communications of elected officials, journalists, academics, and religious figures are now considered “sensitive” and require higher approval.
Section 702, established in 2008, legalized the NSA’s existing surveillance program without congressional oversight. Over time, the program’s scope has expanded beyond terrorism to include cybercrime and drug trafficking.
Critics of the 702 program express concerns about potential targets beyond what is publicly disclosed, with fears of government surveillance on foreign allies, businesses, and news outlets. The program’s focus is on acquiring foreign intelligence information for national security and foreign affairs.
Despite lawmakers insisting on minimal changes to the program, there are ongoing discussions about the need to clarify language in the section. The introduction of vague terms in the House Intelligence Committee’s language has raised concerns about expanding the scope of entities subject to Section 702 orders.
Technology companies like Google, Amazon, IBM, and Microsoft have joined FISA experts in opposing the new version of the surveillance program, citing potential threats to privacy and expansion of surveillance. Senator Mark Warner has acknowledged the need to address these issues, suggesting a revision in the next intelligence bill.
