Rightly so.

B



http://www.mcclatchydc.com/news/nation-world/national/nation
al-security/article154688804.html
Republicans worried about leaks consider cutting back surveillance authority

By Tim Johnson

Senate Intelligence Committee Chairman Sen. Richard Burr, a North Carolina
Republican, will preside over a hearing Wednesday on proposed
reauthorization of a crucial surveillance program known as Section 702.
He’s seen here at a May 11 hearing. *Jacquelyn Martin* AP

A small revolt in corners of the Republican Party bedevils plans for
reauthorization this year of surveillance capabilities considered the
“crown jewels” of the U.S. intelligence community.

Those capabilities, subject of a Senate intelligence committee hearing
Wednesday, has some Republicans worried that they could get caught up in
the same secret government intercepts of communications that helped to land
President Donald Trump’s short-lived national security adviser in legal
jeopardy.

Indeed, some conservatives on Capitol Hill think intelligence sources could
leak information on them too, as they did on former national security
adviser Michael Flynn, and routinely flout laws limiting how they use
surveillance.

“To folks in that world, it’s crack,” said an aide to a Republican
congressman, who spoke without authorization of the aide’s boss and asked
for anonymity. “You’ve got to get the genie back in the box, and that’s
really hard.”

Flynn lasted only 24 days
<http://www.mcclatchydc.com/news/politics-government/white-house/article132749729.html>
in Trump’s White House, and is being investigated for failure to initially
acknowledge foreign payments from Russian and Turkish entities, amounting
to more than half a million dollars.

The revelations that sparked Flynn’s resignation in February revolved
around his telephone contacts with Russia’s ambassador to the United
States, which were electronically captured by the U.S. intelligence
community and leaked to The Washington Post.

Arthur Rizer <http://www.rstreet.org/people/arthur-rizer/>, a national
security director at the R Street Institute, a libertarian-leaning
conservative think tank, said the mood on Capitol Hill “has shifted
dramatically,” especially among emboldened members of the rebellious
Freedom Caucus
<http://www.mcclatchydc.com/news/politics-government/article141763924.html>—a
congressional bloc of conservative and libertarian Republicans allied with
the Tea Party movement who stormed back to relevance
<http://www.mcclatchydc.com/news/politics-government/congress/article141794474.html>
in the debate on a proposed overhaul of Obamacare.

“It’s like a perfect storm,” he said “There are enough Republicans who are
Trumpites, and they see the intelligence community as the enemy.”

“They are trying to strategize how best to attack this issue,” Rizer said,
noting that he had met with several Freedom Caucus members and said that
one spoke of his deep dissatisfaction with existing surveillance powers
granted to intelligence agencies under the Foreign Intelligence
Surveillance Act.

*I had never heard a Republican say that. *

*Arthur Rizer, R Street Institute*

“He said, ‘I will vote for sunset over re-authorization.’ I had never heard
a Republican say that,” Rizer said, declining to identify the lawmaker.

Some lawmakers think re-authorization is in trouble without significant
reforms.

“They don’t have the votes to pass it. It is that bad,” the Republican aide
said.

The FISA provision that permits broad collection of communications
<http://www.mcclatchydc.com/news/nation-world/national/national-security/article136959938.html>
of non-Americans or permanent residents located outside of the United
States is called Section 702. Without congressional re-authorization, it
will expire at the end of the year.

What concerns some legislators is the “incidental” collection of
communications by U.S. citizens or permanent residents as the intelligence
agencies target foreigners. For years, the nation’s spy chiefs have
minimized that collection but refused to offer lawmakers hard data on how
many are affected by the sweeps.

The White House has pushed for “clean” re-authorization of Section 702,
leaving the authorization intact, but prospects for that are dimming, said Amie
Stepanovich <https://www.accessnow.org/author/amie-stepanovich/>, U.S.
policy manager at Access Now, a global public policy and advocacy group for
an open and free internet.

“The pressure and the momentum is toward reform,” she said.

That bipartisan pressure traditionally has come from Democrats concerned
about civil liberties and a smaller number of libertarian Republicans
cautious about government overreach. The size of the latter group has
grown.

“Now, with the leaks about Michael Flynn and the controversy over alleged
political ‘unmasking,’ that skepticism has become more pointed and more
widespread,” said Adam Klein <https://www.cnas.org/people/adam-klein>, a
senior fellow at the Center for a New American Security, a Washington think
tank on national security issues.

Normally, when intelligence agencies gather and analyze intercepted
communications, the identities of U.S. citizens are “masked,” or listed as
“U.S. person #1” and so on.

In several tweets, Trump has hammered on his allegation that officials
under former President Barack Obama sought to “unmask” U.S. citizens picked
up on electronic intercepts, particularly several active in his own
campaign, with political intentions.

Multiple investigations on Capitol Hill and by the FBI are looking at
various aspects of the surveillance done on the Trump campaign and of
advisers’ links to Russia, and the “unmasking”
<http://www.mcclatchydc.com/news/politics-government/congress/article153717844.html>
that Obama administration officials allegedly sought for some of that
spying.

“We don’t know from the outside whether this was all kosher or whether
there’s really something to be concerned about,” Klein said.

Also unknown is the size of repositories of communications of Americans and
foreigners that have been swept up but never examined, existing in a gray
area.

*There is a lot of information that is retained but is not being searched. *

*Amie Stepanovich, U.S. policy manager at Access Now*

“There is a lot of information that is retained but is not being searched,”
Stepanovich said.

Existing statutes require that intelligence agencies purge all collected
communications after five years. A declassified secret court opinion in
2011 found that 250 million communications were collected annually, but
that tally has never been updated publicly.

“It’s reasonable to assume that that number is much larger today since the
targets of Section 702 are more numerous,” said Neema Singh Guliani
<https://www.aclu.org/bio/neema-singh-guliani>, legislative counsel for the
American Civil Liberties Union, adding that she thinks the annual number
has topped one billion.

Legislators pushing for reforms have tossed out a number of ways to make
surveillance more transparent and subject to more oversight.

One proposed reform involves the secret Foreign Intelligence Surveillance
Court, which oversees requests for surveillance warrants against foreign
spies inside the United States.

Under reforms established under the 2015 USA Freedom Act
<https://www.lawfareblog.com/so-what-does-usa-freedom-act-do-anyway>, when
Republicans and Democrats concerned about overreach first came together,
the court at its discretion can call upon any of five lawyers with security
clearances to participate in hearings and act as public advocates on civil
liberty and privacy issues.

“Right now, the statute says it is discretionary for the judge to appoint
an advocate,” Klein said. “Why not make it mandatory?”

“It would make the judicial oversight of 702 more credible to the public
but it wouldn’t interfere at all with the operation of the program. It’s
sort of a costless win for public trust,” he added.


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