Privacy watchdog fractures over 702 opinion – POLITICO – POLITICO
Some of the Majoritys recommendations are sound, and could provide helpful additional protections for privacy and civil liberties, write Beth Williams and Richard DiZinno in an annex to the report. Others would cause serious damage to the country and our national security, while negatively impacting the privacy of U.S. persons.
On Thursday morning, those disagreements exploded into a complete breakdown of the normally low-profile privacy watchdog, with Williams and DiZinno issuing a press statement blasting the report as contrary to the evidence and unmoored from the law.
We voted against releasing this Report on Section 702 of the Foreign Intelligence Surveillance Act it was approved only 3 to 2, the press release reads. Therefore, we did not think it appropriate to legitimize its release with our participation today.
The 3-2 split marks a sharp break from the boards last review of the same law, in 2014, when it unanimously approved a baseline of 10 recommendations on better protecting Americans from improper eavesdropping.
The panel's two Republicans, including Beth Williams, criticized the roughly 300-page analysis and its 19 recommendations as deeply flawed. | Mariam Zuhaib/AP Photo
Codified into law almost two decades ago amid the global war on terrorism, Section 702 allows the National Security Agency to collect the texts, emails and other digital communications of foreigners located abroad from U.S. tech providers, like Facebook and Google.
But when Americans communicate with targeted foreigners, their messages are swept up into a repository of data collected under the law. Four U.S. intelligence agencies the NSA, CIA, National Counterterrorism Center and the FBI can then query that database for information on U.S. citizens without acquiring a warrant.
Critics of the law have long alleged the authority offers a backdoor around Americans privacy rights. In recent years, a special court overseeing the program has unearthed systematic privacy violations by the FBI, fueling a new, largely bipartisan push to overhaul the spy tool, which will expire at the end of the year absent congressional action.
A court opinion released in May from the Foreign Intelligence Surveillance Court, which oversees the program, found that FBI personnel had improperly accessed the database to seek information on individuals at the January 6 Capitol riot, the protests following George Floyds death and even donors to a U.S. congressional campaign.
In the report, expected to be released Thursday, the three Democrats concluded that Section 702 remains extraordinarily valuable to countering a wide range of national security threats, and should be reauthorized. But they argued that the eavesdropping program presents significant privacy risks to Americans and could be reined in without undermining its intelligence value.
The Board believes that the privacy and civil liberties risks posed by Section 702 can be reduced while preserving the programs value in protecting Americans national security, they concluded.
Of the boards 19 recommendations, the most significant and contentious is likely to be a requirement that all U.S. spies and law enforcement personnel receive approval from the FISC each time they want to query the 702 repository for information on U.S. citizens.
The scale of U.S. person queries, the number of compliance issues surrounding U.S. person queries, and the failure of current law and procedures to protect U.S. persons compels the Board to recommend a new approach, the three Democratic members wrote.
The FISC would accept or reject each request using roughly the same compliance criteria the four agencies follow internally today: that the search is reasonably likely to return foreign intelligence information or, in the case of the FBI, evidence of a crime.
The requirement falls short of demanding that the spy agencies acquire a probable cause warrant before combing through the database for information on Americans one of the fixes pro-reform lawmakers have pushed this year. The board also suggested carveouts in case of an emergency or if the agencies receive express consent from the object of a query.
Still, the proposal will come as a major disappointment to the White House, which has argued that any form of court approval for those queries would significantly undercut national security. It contends warrantless searches are critical to identifying and protecting U.S. individuals who have been targeted by foreign intelligence services, terrorists or cyber criminals.
The recommendation was one of the key points of contention behind the boards split.
Williams and DiZinno, the two Republicans, argued that requiring a FISC review of searches would make it bureaucratically infeasible to conduct U.S. person searches and effectively destroy the crucial portion of the program that enables the U.S. government to prevent, among other things, terrorist attacks on our soil.
For her part, the chair of the board, Sharon Bradford Franklin, recommended Congress go further and require a probable cause warrant in cases linked to domestic crime.
The Privacy and Civil Liberties Oversight Board is given access to classified information on Section 702, making it a trusted voice on the controversial and arcane eavesdropping program. But the split guidance means it is unlikely to settle the surveillance debate on Capitol Hill or within the White House.
Sharon Bradford Franklin, chair of the Privacy and Civil Liberties Oversight Board, recommended Congress go further and require a probable cause warrant in cases linked to domestic crime. | Mariam Zuhaib/AP Photo
A bipartisan coalition of civil liberties-focused Democrats and conservative Republicans are pushing for a warrant requirement, a step that has long sparked heartburn among intelligence community allies in Congress and adamant opposition from the White House.
But conservatives who are calling for changes to the spying tool are also seeking to push forward reforms that extend beyond Section 702 and tap into broader concerns within the party about politicization of the intelligence community.
In their annex to the report, Williams and DiZinno offer seven independent recommendations, which are organized into three policy objectives.
Two of those are likely to resonate strongly with conservatives: procedural, cultural and structural changes aimed at re-establishing public trust in the FBI and those to guard against the political weaponization of Section 702.
The Majoritys Report fails to address many of these concerns, focusing instead on a scattershot list of old ideas disconnected from the current moment, they write.
For the boards three Democrats, a through line of the reports 19 recommendations is that Congress should do more to limit how frequently Americans data is vacuumed into the database in the first place.
The board recommended that lawmakers codify stricter guidelines about when foreigners can be targeted by U.S. spies, introduce post-hoc reviews of new eavesdropping requests, and force the intelligence community to try to estimate the volume of data it collects incidentally on Americans each year.
Overall, nearly 250,000 foreigners were targeted under Section 702 last year, a figure that has increased 276 percent since 2013, the board noted.
Although Section 702 targets can only be non-U.S. persons, through incidental collection the government acquires a substantial amount of U.S. persons communications as well, the report reads. While the term may make this collection sound insignificant it should not be understood as occurring infrequently or as an inconsequential part of the Section 702 program.
Continued here:
Privacy watchdog fractures over 702 opinion - POLITICO - POLITICO
- Securus Technologies Supports Expansion of Sheriff-Led NSA I.G.N.I.T.E. Initiative to Improve Jail Safety and Reentry Outcomes - PR Newswire - February 7th, 2026 [February 7th, 2026]
- NSA set to deal with defiant parties, politicians, supporters on integrity of democratic process - ThePointNG - February 7th, 2026 [February 7th, 2026]
- Where NSA zero trust guidance aligns with enterprise reality - Help Net Security - February 4th, 2026 [February 4th, 2026]
- UNG third in Division 1 of NSA cyber event - University of North Georgia - February 4th, 2026 [February 4th, 2026]
- Green Beret Lieutenant General Joshua Rudd Tapped To Lead NSA and US Cyber Command - SOFREP - February 4th, 2026 [February 4th, 2026]
- SC Flags Health Concerns, Urges Rethink on Sonam Wangchuks NSA Detention - The Morning Voice - February 4th, 2026 [February 4th, 2026]
- What security teams need to know about the NSA's new zero trust guidelines - IT Pro - February 4th, 2026 [February 4th, 2026]
- 'India won't be bullied': NSA Ajit Doval told Marco Rubio that New Delhi would wait out Trump term for trade deal: Report - theweek.in - February 4th, 2026 [February 4th, 2026]
- When Protest becomes a Threat: Inside the Supreme Court hearing on Sonam Wangchuks NSA detention - SabrangIndia - February 4th, 2026 [February 4th, 2026]
- If NSA Commits Database Query Violations, But Nobody Audits Them, Do They Really Happen? - emptywheel - February 4th, 2026 [February 4th, 2026]
- Army general tapped to lead NSA vows to follow the law if confirmed - Military Times - February 1st, 2026 [February 1st, 2026]
- Overturned tractor-trailer shuts portion of Route 32 near NSA - WBAL-TV - February 1st, 2026 [February 1st, 2026]
- Nominee to lead NSA backs controversial spying law - Defense One - February 1st, 2026 [February 1st, 2026]
- NSA pick champions foreign spying law as nomination advances - The Record from Recorded Future News - February 1st, 2026 [February 1st, 2026]
- NSA Releases Phase One and Phase Two of the Zero Trust Implementation Guidelines - National Security Agency (.gov) - February 1st, 2026 [February 1st, 2026]
- Army General Tapped to Lead NSA Said He Doesnt Know Much About the Biggest NSA Controversy - The Intercept - February 1st, 2026 [February 1st, 2026]
- Trump's pick to lead the NSA vows to follow the law if confirmed - ABC News - February 1st, 2026 [February 1st, 2026]
- Trump's pick to lead the NSA vows to follow the law if confirmed - Oskaloosa Herald - February 1st, 2026 [February 1st, 2026]
- Trump's pick to lead the NSA vows to follow the law if confirmed - The Derrick - February 1st, 2026 [February 1st, 2026]
- Overturned tractor-trailer shuts westbound Maryland Route 32 near NSA exit, police say - WBAL News Radio - February 1st, 2026 [February 1st, 2026]
- SC to hear plea against Sonam Wangchuks NSA detention on February 2 - The New Indian Express - February 1st, 2026 [February 1st, 2026]
- Powys sheep sector to hear from Llyr Gruffydd at NSA meeting - County Times - February 1st, 2026 [February 1st, 2026]
- NSA calls for consultation on castration and tail docking to involve sheep farmers - cravenherald.co.uk - January 24th, 2026 [January 24th, 2026]
- NSA launches 13th annual survey for insight into cases of sheep worrying by dogs - Yahoo News UK - January 24th, 2026 [January 24th, 2026]
- NSA Ajit Doval says he doesn't use phone or internet. Here's why - MSN - January 14th, 2026 [January 14th, 2026]
- NSA Ajit Doval says he doesnt use phone or internet; shares views on Indias future and youth - WION - January 11th, 2026 [January 11th, 2026]
- Liberia: NSA Director's Special Assistant Suspended Amid Alleged Gang Sodomy of 15-Year-Old; Authorities Remain Silent - FrontPageAfrica - January 11th, 2026 [January 11th, 2026]
- 'Wars happen because some countries want to impose their will on others': NSA Ajit Doval - Deccan Herald - January 11th, 2026 [January 11th, 2026]
- We have to avenge our history: NSA Ajit Doval urges youth to make India great in every aspect - The Indian Express - January 11th, 2026 [January 11th, 2026]
- CISA, NSA, and Canadian Cyber Centre update Brickstorm analysis with new Rust-based variants - Industrial Cyber - January 11th, 2026 [January 11th, 2026]
- ROVER communication terminals approved for international use by NSA - Military Embedded Systems - January 9th, 2026 [January 9th, 2026]
- L3Harris ROVER and TNR systems gain NSA approval enabling secure coalition interoperability - Defence Industry Europe - January 9th, 2026 [January 9th, 2026]
- Former NSA insider Kosiba brought back as spy agencys No. 2 - The Record from Recorded Future News - January 9th, 2026 [January 9th, 2026]
- Trumps tariff threat to India self-inflicted wound: Former US NSA John Bolton - The Indian EYE - January 9th, 2026 [January 9th, 2026]
- NSA Scotland demands support for sheep farmers ahead of Holyrood elections - Farmers Guardian - January 9th, 2026 [January 9th, 2026]
- Announcing tariffs for purchasing Russian oil unfortunate: Former US NSA backs closer relationship with India - Punjab News Express - January 9th, 2026 [January 9th, 2026]
- NSA Ajit Doval likely to be part of Indian delegation at WEF in Davos - The New Indian Express - January 9th, 2026 [January 9th, 2026]
- "A lot of hot air": Former NSA John Bolton on Trump's remarks on possible action beyond Venezuela - ANI News - January 9th, 2026 [January 9th, 2026]
- NSA employee sues Trump administration over order on transgender rights and two 'immutable' genders - Yahoo - December 22nd, 2025 [December 22nd, 2025]
- NSA employee sues the Trump administration over transgender rights and 'immutable' genders - AP News - December 22nd, 2025 [December 22nd, 2025]
- Senior official at Indo-Pacific Command is set to be Trumps pick to lead Cyber Command, NSA - The Record from Recorded Future News - December 22nd, 2025 [December 22nd, 2025]
- NSA employee sues the Trump administration over transgender rights and 'immutable' genders - Temple Daily Telegram - December 22nd, 2025 [December 22nd, 2025]
- Potential NSA, Cyber Command leader nomination transmitted to Senate - Nextgov/FCW - December 22nd, 2025 [December 22nd, 2025]
- After Eight Months, White House Names Nominee To Head NSA And CYBERCOM - Defense Daily - December 22nd, 2025 [December 22nd, 2025]
- Fubara Hosts NSA, Says Tinubu Happy With Rivers Governor - TVC News - December 22nd, 2025 [December 22nd, 2025]
- CISA, NSA warn of Chinas BRICKSTORM malware after incident response efforts - The Record from Recorded Future News - December 10th, 2025 [December 10th, 2025]
- CISA and NSA Warn of BRICKSTORM Malware Attacking VMware ESXi and Windows Environments - CybersecurityNews - December 10th, 2025 [December 10th, 2025]
- NSA, CISA, and Others Release Guidance on Integrating AI in Operational Technology - National Security Agency (.gov) - December 4th, 2025 [December 4th, 2025]
- NSA has met 2,000-person workforce reduction goal, people familiar say - Nextgov/FCW - December 4th, 2025 [December 4th, 2025]
- NSA Doval, Thai Foreign Minister Phuangketkeow discuss maritime security, threats of online scams - The Indian EYE - December 4th, 2025 [December 4th, 2025]
- NSA Doval, Thai FM discuss maritime security, threats of online scams - Awaz The Voice - December 4th, 2025 [December 4th, 2025]
- All-clear issued about 2 hours after NSA Naples schools evacuated over potential threat - Stars and Stripes - November 18th, 2025 [November 18th, 2025]
- 'Dhurandhar': R Madhavan reveals Aditya Dhar's little trick that perfected his NSA-inspired look for the - The Times of India - November 18th, 2025 [November 18th, 2025]
- Army officer with Indo-Pacific experience emerges as potential Cyber Command, NSA pick - The Record from Recorded Future News - November 18th, 2025 [November 18th, 2025]
- NSA Dr Rahman to attend Security Conclave in New Delhi - United News of Bangladesh - November 18th, 2025 [November 18th, 2025]
- Man claims NSA told him to shatter glass at AT&T building with hatchet, Nashville police say - WSMV - November 18th, 2025 [November 18th, 2025]
- How the heartbreaking lack of a confirmed leader is impacting CYBERCOM and NSA - Breaking Defense - November 7th, 2025 [November 7th, 2025]
- Goa invokes NSA for three months to tackle anti-socials - The Times of India - November 7th, 2025 [November 7th, 2025]
- CISA, NSA and other unveil security blueprint to harden Microsoft Exchange servers - Homeland Preparedness News - November 7th, 2025 [November 7th, 2025]
- NSA Shares Q3 Revenue Results Below Expectations - GuruFocus - November 7th, 2025 [November 7th, 2025]
- Filipinos aware of civilian supremacy over military NSA Ao - Philippine News Agency - October 28th, 2025 [October 28th, 2025]
- Sonam Wangchuk says his words were twisted to justify his NSA detention - The Statesman - October 26th, 2025 [October 26th, 2025]
- Nokia and stc pioneer the first commercial 5G NSA Cloud RAN deployment in the MEA region - ZAWYA - October 26th, 2025 [October 26th, 2025]
- China accuses NSA of multi-year hack targeting its national time systems - Nextgov/FCW - October 23rd, 2025 [October 23rd, 2025]
- Cybersecurity News: AWS outage, NSA hacking accusations, High risk WhatsApp automation - CISO Series - October 23rd, 2025 [October 23rd, 2025]
- Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - Homeland Security Today - October 23rd, 2025 [October 23rd, 2025]
- AWS outage, NSA hacking accusations, High risk WhatsApp automation - LinkedIn - October 23rd, 2025 [October 23rd, 2025]
- Palestinian President Mahmoud Abbas: No Concessions Were Made In The Oslo Accords 1.85 Million Palestinians Returned To Their Homeland;... - October 23rd, 2025 [October 23rd, 2025]
- NSA to partner JKG to drive sports technology through Artificial Intelligence - GhanaWeb - October 23rd, 2025 [October 23rd, 2025]
- China claims NSA hacked its national timing systems using 42 "special cyber weapons" - TechSpot - October 23rd, 2025 [October 23rd, 2025]
- US NSA alleged to have launched a cyber attack on a Chinese agency - csoonline.com - October 21st, 2025 [October 21st, 2025]
- Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - 404 Media - October 21st, 2025 [October 21st, 2025]
- China says it has foiled a series U.S. cyberattacks on its critical infrastructure Ministry of State Security says it has 'irrefutable evidence' NSA... - October 21st, 2025 [October 21st, 2025]
- China claims the NSA conducted cyberattacks on its national time center - Engadget - October 21st, 2025 [October 21st, 2025]
- China claims the US NSA conducted cyberattacks on its national time center - TechRadar - October 21st, 2025 [October 21st, 2025]
- Donald Trump's ex-NSA John Bolton indicted; charged over mishandling classified information; Trump calls - Times of India - October 19th, 2025 [October 19th, 2025]
- Trump critic and former NSA adviser John Bolton indicted on classified documents charges - MLive.com - October 19th, 2025 [October 19th, 2025]
- NSA Accused of Stealing Secrets from Chinas National Time Centre - Modern Diplomacy - October 19th, 2025 [October 19th, 2025]
- Ex-Donald Trump NSA John Bolton Indicted: All About The 18 Charges - NDTV - October 19th, 2025 [October 19th, 2025]
- Explained: What are the charges against ex-US NSA John Bolton? What next? - Firstpost - October 19th, 2025 [October 19th, 2025]