Don’t Eliminate One of America’s Best Spy Tools

A key statutory means of gathering intelligence on foreign adversaries is set to expire soon. Here’s why Congress should renew it.

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U.S. and Chinese flags near the U.S. Capitol during then-Chinese president Hu Jintao’s state visit in Washington, D.C., in 2011.

Hyungwon Kang/Reuters

At a House Intelligence Committee hearing last week, members questioned FBI director Christopher Wray about reports that agents had searched for classified data on a member of Congress. Then came a twist: That unnamed member, Representative Darin LaHood (R., Ill.) said, was him.

The searches involved powers granted to the FBI under Section 702 of the Foreign Intelligence Surveillance Act of 1978, known as FISA. And the latest revelations came at a particularly inopportune time for the government: Section 702 is set to expire on December 31 unless Congress reauthorizes it.

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About the Author

Adam I. Klein

Adam I. Klein is the director of the Robert Strauss Center for International Security and Law at the University of Texas at Austin. From 2018–2021 he chaired the U.S. government’s Privacy and Civil Liberties Oversight Board.

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