Threat Management

Intelligence authorization renewal debated

CyberScoop reports that the Biden administration's move to reauthorize Section 702 of the Foreign Intelligence Surveillance Act without any changes has been contested in a Senate Judiciary hearing, with lawmakers expressing concern for the abuses associated with the surveillance authorities despite the emergence of new declassified examples of the role played by Section 702 in addressing cyberattacks. Substantial reforms implemented over the past two years, including opt-in requirements for data searches and new compliance measures, were touted by FBI and Justice Department representatives to address the wrongful utilization of Section 702 but senators noted that more serious changes, such as a warrant requirement for intelligence data, are needed. "I will only support the reauthorization of Section 702 if there are significant, significant reforms. And that means first and foremost, addressing the warrantless surveillance of Americans in violation of the Fourth Amendment," said Senate Judiciary Chair Dick Durbin, D-Ill. Department of Justice Assistant Attorney General for National Security Matt Olsen emphasized the importance of no warrants for Section 702 searches. "The reason for not requiring a warrant is that this is lawfully collected information that is in the FBI holdings," said Olsen.

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