The controversial law, used to digitally spy on foreigners in other countries, is widely misunderstood, according to lawmakers calling for the re-enactment of the expiring bill. The problem, they say, is that much of the information that might convince skeptics is classified.

Sen. Mark Warner, chairman of the Senate Intelligence Committee, said Wednesday at a confirmation hearing for the next director of the National Security Agency that 702 is desperately needed to be reauthorized. “We haven’t done a very good job. [intelligence community] And the FBI and the administration are making it clear that the 702s we’re talking about today are very different from the 702s that were reauthorized in 2018,” he said, referring to the reforms the FBI made in how it used its database after FISA. The court uncovered misconduct involving “broad and unquestionable” questions.

Section 702 of the Foreign Intelligence Surveillance Act allows intelligence agencies to spy on foreign nationals who do not reside in the United States but use US infrastructure. The tool, a queryable database that can be accessed without a warrant, is used to produce the president’s daily summary and is also suspected of inadvertently collecting data on American citizens. Permission to use it is due to expire in December.

It is a divisive law and practice. While intelligence leaders and some lawmakers support reauthorization, others fear that the law (even if it involves reform) violates the privacy of Americans. sympathetic to social freedom groups. Members of the House of Representatives have pushed for further reforms since the beginning of the year.

White House Chief of National Security Advisor Jonathan Feiner said the government was “ready” to make changes to the 702 that would enhance privacy and surveillance while preserving the viability of the tool.

In a keynote speech at the Intelligence Service and the National Assembly on Friday, Mr. Feiner said, “It was demanded by many lawmakers and many in the administration strongly support increased surveillance and privacy protections under Section 702. I am ready to respond,” he said. security summit.

“We are in close dialogue with Congress on a number of the measures we have already taken and are prepared to put into law, as well as additional measures we plan to consider and incorporate when reauthorization is considered. Parliament will meet later this year.”

Feiner said the information gathered by intelligence agencies, including 702, is directly related to the U.S. ability to warn allies and partners.

“Our warning ability is as good as our collection and insight,” he said. “Article 702 has helped explain the horrific atrocities committed by Russia in Ukraine, including the killing of non-combatants, the displacement of children, and the detention of refugees fleeing violence. We are continuing our dialogue with Congress on possible improvements.” “

However, there still remains the problem of educating members with examples that cannot be published.

The Director of National Intelligence has declassified a report detailing how IC uses commercial data to advocate reauthorization of the Act.

Senator John Cornyn (R-Tex.) said at an Intelligence Committee hearing: It is sensitive information by its nature.

“But I think we have a very heavy task. Frankly, it starts with the House of Representatives. would require some modification to the FBI’s authority.”

In March, the House Intelligence Committee launched a bipartisan focus group investigating 702 abuse cases. (There is also a move in the House to limit how intelligence agencies use data brokers.)

But intelligence leaders say part of the challenge is communicating highly complex information about 702 to lawmakers and the general public.

NSA Deputy Director George Burns said during a panel discussion at Thursday’s Intelligence and National Security Summit that the adoption of the 702 was “extremely technical” and that it “needs to evolve with the state of the technology we are dealing with.” there is,” he said. But it’s also IC’s job to make processes, procedures, and connections “intelligible.”

Deputy Director of the Central Intelligence Agency David Cohen called 702 “an invaluable part of the long line of national security issues that we are grappling with over time,” and that the agency has not been criticized by foreign officials and He added that it would help identify victims of cyberattacks in the United States. A supply route for chemicals used in the manufacture of fentanyl. As for the latter, he said he needed a current version of the 702 to “deal with it effectively.”

Still, some lawmakers are concerned that privacy protections for Americans are weakening. Senator Ron Wyden (D-Oregon) has asked presidential candidate Lt. Gen. Timothy Ho, who leads the NSA and U.S. Cyber ​​Command, whether he intends to introduce a “backdoor” into encryption tools if approved. sternly questioned.

Mr. Ho vowed not to, saying encryption is “extremely important to protect national security and weapons systems.” If confirmed, it will not weaken the encryption of American citizens. “

Lawmakers have proposed introducing a probable cause standard or requiring authorities to obtain a warrant before using 702, but FBI Deputy Director Paul Abeit said that would be invalid.

“It’s not legally mandated, and it’s been stated in FISA courts and other courts as well,” Abbeth said during a meeting on Thursday. “But more importantly, if a warrant has to be obtained in every case, the delays caused by that essentially … undermine the effectiveness of the tool, the query itself.”