White House advisers recommend limiting FBI access to spy tool.
FBI Access to Controversial Spy Tool Data Should Be Restricted, Advisory Panel Recommends
An advisory panel has recommended that the White House restrict FBI access to data collected by a controversial spy tool designed to protect against national security threats. The recommendation comes from a report by the President’s Intelligence Advisory Board (PIAB), which suggests reforms for the Foreign Intelligence Surveillance Act’s (FISA) Section 702.
“FBI’s use of Section 702 should be limited to foreign intelligence purposes only and FBI personnel should receive additional training on what foreign intelligence entails,” the report said. “In the event that FBI encounters evidence of a non-national security-related crime while reviewing Section 702 data, existing intelligence community procedures for handling evidence of such crimes uncovered in the course of reviewing intelligence information should be applied.”
Section 702, enacted in 2008, allows government officials to conduct “targeted” searches of non-U.S. citizens abroad without a warrant. However, as the expiration date approaches, concerns about Fourth Amendment rights and abuse of surveillance capabilities have been raised by both Republicans and Democrats.
The FBI has faced intense scrutiny for its use of Section 702. A Foreign Intelligence Surveillance Court filing revealed that the bureau improperly used the collected data over 278,000 times, resulting in the collection of information about Capitol riot suspects, George Floyd protest demonstrators, and American donors to a congressional campaign. The PIAB report also highlighted a Department of Justice audit that found numerous noncompliant incidents, including individuals arrested during the January 6 Capitol breach.
While Section 702 allows for the targeting of non-U.S. persons located outside the United States, it explicitly prohibits targeting Americans or anyone within the United States. However, oversight authorities have found widespread misuse of the database, primarily due to the FBI’s lack of understanding regarding query standards.
The FBI has implemented reforms to improve FISA compliance, including more stringent reviewing processes and training. The bureau stated that these changes have yielded substantial compliance improvements and agreed that Section 702 should be reauthorized in a manner that maintains its effectiveness and reassures the public.
Despite acknowledging the FBI’s efforts, the PIAB report deemed them insufficient to ensure compliance and earn the public’s trust. The report made several recommendations, including the designation of a compliance officer in each field office and FBI headquarters, as well as the creation of a common culture of compliance across the FBI workforce.
The White House, represented by National Security Adviser Jake Sullivan and Principal Deputy National Security Adviser Jon Finer, supports the PIAB’s recommendation to reauthorize Section 702 without new restrictions. They look forward to reviewing the board’s recommendations and working with Congress to ensure the reauthorization of this critical national security authority.
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