FBI director Christopher Wray told the Senate Judiciary Committee on Tuesday that if Congress were to permit key overseas-surveillance authority to sunset, as it is set to at the end of this month unless reauthorized, it would be akin to rebuilding “the wall” — the Clinton-era Justice Department guidelines that prevented intelligence agents and criminal investigators from sharing information, leading to the government’s catastrophic failure to detect and thwart the 9/11 attacks, in which nearly 3,000 Americans were killed.
The surveillance authority at issue is Section 702, a 2008 addition to the Foreign Intelligence Surveillance Act of 1978. As I explained in a column over the weekend, Section 702 is the statutory authority that enables our spy agencies to monitor non-Americans outside the United States.






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