The FBI insists on continuing surveillance without a warrant, but the American people disagree with the agency.
Christopher Wray, the director of the FBI, in a recent address to the US Senate Homeland Security and Public Affairs Committee, expressed serious concern about the possible loss of the agency's espionage powers under Section 702 of the US Foreign Intelligence Act, warning of high risks to the country's cybersecurity.
"It will be absolutely devastating if we don't see a major cyberattack coming from adversaries like Iran or China because Section 702 is repealed," Wray said. He stressed that 97% of the FBI's technical intelligence about malicious cyber threats was obtained precisely because of the capabilities provided by this department.
Section 702 of the U.S. Foreign Intelligence Act (FISA) allows U.S. intelligence agencies to monitor the electronic communications of foreigners outside the United States. However, this may also affect US citizens if their data becomes part of an electronic exchange with foreign persons.
The FBI has previously been criticized for using Section 702 powers to monitor American citizens in the absence of an official warrant, including protesters and elected officials. However, Christopher Wray and other members of the intelligence community are actively lobbying for the extension of these powers without changes.
Jake Laperrouc, associate director of the Security and Surveillance project at the Center for Democracy and Technology (CDT), notes that the key question is whether the FBI will be able to present a compelling case against the proposed Section 702 reforms.
A number of human rights organizations, including the ACLU and the EFF, as well as some lawmakers, are calling for a reform of section 702, offering to strengthen the protection of US citizens.
According to the recommendations, Congress is asked to require court approval for surveillance requests involving Americans, which would effectively eliminate the possibility of conducting surveillance without proper authorization under section 702.
The new leadership of the U.S. House of Representatives also brings changes to the debate over Section 702 powers. House Speaker Mike Johnson has previously criticized the FBI for abusing its surveillance powers.
Over the summer, the White House intervened in the debate, calling on lawmakers to reauthorize section 702 "without new and potentially harmful restrictions." Rejecting the law, according to the Biden administration, will be "one of the worst intelligence failures of our time."
The expiration date for Section 702 is approaching, and experts say it is high time for the administration to come to terms with the position of Congress and accept the reality that both Republicans and Democrats will not pass the law without serious reforms.
Christopher Wray, the director of the FBI, in a recent address to the US Senate Homeland Security and Public Affairs Committee, expressed serious concern about the possible loss of the agency's espionage powers under Section 702 of the US Foreign Intelligence Act, warning of high risks to the country's cybersecurity.
"It will be absolutely devastating if we don't see a major cyberattack coming from adversaries like Iran or China because Section 702 is repealed," Wray said. He stressed that 97% of the FBI's technical intelligence about malicious cyber threats was obtained precisely because of the capabilities provided by this department.
Section 702 of the U.S. Foreign Intelligence Act (FISA) allows U.S. intelligence agencies to monitor the electronic communications of foreigners outside the United States. However, this may also affect US citizens if their data becomes part of an electronic exchange with foreign persons.
The FBI has previously been criticized for using Section 702 powers to monitor American citizens in the absence of an official warrant, including protesters and elected officials. However, Christopher Wray and other members of the intelligence community are actively lobbying for the extension of these powers without changes.
Jake Laperrouc, associate director of the Security and Surveillance project at the Center for Democracy and Technology (CDT), notes that the key question is whether the FBI will be able to present a compelling case against the proposed Section 702 reforms.
A number of human rights organizations, including the ACLU and the EFF, as well as some lawmakers, are calling for a reform of section 702, offering to strengthen the protection of US citizens.
According to the recommendations, Congress is asked to require court approval for surveillance requests involving Americans, which would effectively eliminate the possibility of conducting surveillance without proper authorization under section 702.
The new leadership of the U.S. House of Representatives also brings changes to the debate over Section 702 powers. House Speaker Mike Johnson has previously criticized the FBI for abusing its surveillance powers.
Over the summer, the White House intervened in the debate, calling on lawmakers to reauthorize section 702 "without new and potentially harmful restrictions." Rejecting the law, according to the Biden administration, will be "one of the worst intelligence failures of our time."
The expiration date for Section 702 is approaching, and experts say it is high time for the administration to come to terms with the position of Congress and accept the reality that both Republicans and Democrats will not pass the law without serious reforms.
