Privacy: Biden‘s Intelligence Advisers Recommend Reforming FBI Access to Controversial Spying Tool
A pedestrian walks past a seal reading “Department of Justice Federal Bureau of Investigation”, displayed on the J. Edgar Hoover FBI building, in Washington, DC, on August 15, 2022.
(Photo by MANDEL NGAN/AFP via Getty Images)
A board of presidential advisers has recommended that the White House supports a series of changes to improve compliance with the use of a controversial surveillance program. This report comes as Congress debates whether to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire at the end of the year. While the report backs the reauthorization of the intelligence gathering tool, it also acknowledges the need for reform in order to address concerns about privacy and public trust.
Background
Section 702 of FISA grants the government the authority to collect foreign intelligence by targeting non-U.S. persons located outside of the United States. This tool has long been controversial due to the potential for the incidental collection of communications belonging to U.S. persons. In recent years, concerns have been raised about the FBI’s use of Section 702 in conducting queries for non-national security-related crimes, resulting in improper spying on Americans, including protestors and political campaigns.
The report from the President’s Intelligence Advisory Board (PIAB) highlights the erosion of public trust caused by repeated abuses of the spying tool and recommends several measures to restore confidence in its use.
Recommendations and Reforms
One of the most notable recommendations in the report is removing the FBI’s authority to conduct queries for non-national security-related crimes. The report argues that the FBI’s use of Section 702 should be limited to foreign intelligence purposes only, and FBI personnel should receive additional training on what constitutes foreign intelligence.
The report also suggests the establishment of a centralized, external, independent review mechanism under the office of the President. This mechanism would regularly assess the effectiveness of the entire compliance and oversight system, ensuring that corrective action is taken when necessary.
While the report does not call for a full warrant requirement, it does acknowledge the concerns raised by civil liberties groups. The PIAB official explained that requiring a warrant for every assessment of a potential cyber attack or intelligence officer recruitment would be operationally infeasible in time-sensitive national security cases. However, the report emphasizes the importance of adhering rigorously to relevant rules and offers safeguards to prevent abuses.
Government Response
The Biden administration has expressed support for the reauthorization of Section 702 without new and operationally damaging restrictions. National Security Advisor Jake Sullivan and Principal Deputy National Security Advisor Jon Finer released a joint statement affirming the importance of Section 702 and the need for measures to enhance compliance, oversight, and public trust.
The FBI has acknowledged the need for reforms and stated that it looks forward to engaging with Congress on the recommendations in the PIAB report.
Concerns About U.S. Person Collection
The PIAB report also criticizes the government for failing to provide estimates of the “scope and scale” of incidental U.S. person collection. Members of Congress have expressed concern over the lack of transparency in this regard. The report argues that the government should provide better explanations and estimates to help the public understand the scale of U.S. person communications incidentally collected under the program.
Editorial: Balancing National Security and Privacy
Privacy and national security have long been locked in a delicate balance. The need to protect citizens from threats while respecting the rights and freedoms of individuals is a constant challenge for governments. The debate over the reauthorization of Section 702 of FISA and the subsequent recommendations for reform highlight the ongoing struggle to strike this balance.
On one hand, Section 702 provides valuable tools for collecting foreign intelligence and protecting national security. It allows the government to target non-U.S. persons located outside the United States, which is essential in today’s interconnected world. The threat landscape has expanded to include cyber attacks and foreign intelligence operations that require timely and effective responses.
On the other hand, concerns about individual privacy and potential abuses of power cannot be ignored. The documented instances of the FBI using Section 702 for purposes unrelated to national security raise legitimate questions about oversight and compliance. The erosion of public trust in government surveillance programs undermines the effectiveness of these tools and has broader implications for democratic societies.
The recommendations put forth by the PIAB offer a path forward. By limiting the FBI’s authority to conduct non-national security-related queries and establishing an independent review mechanism, the report seeks to address concerns while preserving the effectiveness of Section 702. Additional training for FBI personnel and enhanced compliance measures can help ensure that the tool is used strictly for foreign intelligence purposes.
However, it is essential that these reforms not impede the government’s ability to respond effectively to emerging threats. Striking the right balance between privacy protection and national security is a complex task. It requires rigorous oversight, transparency, and regular reassessment of the tools and practices used by intelligence agencies.
Advice: Protecting Your Online Privacy
The ongoing debate over surveillance programs serves as a reminder of the importance of safeguarding our own online privacy. While the reforms discussed here primarily focus on government actions, individuals can take steps to protect their personal information and communications from unwarranted surveillance.
1. Use Encryption
Encryption is a powerful tool for securing your communications. Use reputable end-to-end encrypted messaging apps and email services to ensure that only you and the intended recipient can access your messages. This helps protect your privacy even if your communications are intercepted.
2. Be Mindful of Privacy Settings
Regularly review the privacy settings on your devices, apps, and social media accounts. Take the time to understand what data is being collected and shared, and adjust the settings accordingly. Minimize the amount of personal information you share online.
3. Utilize Virtual Private Networks (VPNs)
VPNs can add an extra layer of security and privacy to your internet browsing. By encrypting your data and routing it through a secure server, VPNs help protect your online activities from surveillance and potential attacks.
4. Update Software and Use Strong Passwords
Keep your devices and applications up to date with the latest security patches. Choose strong, unique passwords for each of your accounts to minimize the risk of unauthorized access. Consider using a password manager to help generate and store complex passwords securely.
5. Educate Yourself about Privacy Laws and Rights
Stay informed about the laws and regulations that govern surveillance and privacy. Understand your rights and know what actions you can take if you believe your privacy has been violated. Support organizations that advocate for privacy rights and promote transparency in government surveillance programs.
By following these practices, individuals can take an active role in protecting their online privacy while contributing to the broader conversation about surveillance reform.
<< photo by Alex Knight >>
The image is for illustrative purposes only and does not depict the actual situation.
