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Message
Posted on 12/24/23 at 11:38 am to idlewatcher
Heritage Foundation puts out some decent stuff but it's filled with Big Gov stooges as well. Here is a part about FISA from that 920 page document. Lot of words for no substantive message, action, or change. Also the part about no abuses is laughable. Numbers relate to footnotes.
FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)
A future President should understand the importance of FISA26 while also seek-
ing reforms and accountability for any abuses of its authorities. When discussing
FISA and what changes may need to be made, it is important to note and recognize
that there are stark differences among the individual FISA authorities.
Section 702 of FISA, for example, allows the IC to target foreign terrorists, spies,
cyber hackers, and other bad actors (but only if they are non-U.S. persons) when
their communications pass through the United States. While this authority may
lapse if Congress does not resolve the issue by the end of 2023, Section 702 should
be understood as an essential tool in the fight against terrorism, malicious cyber
actors, and Chinese espionage. These are two major national security priorities
for an incoming President, and it is imperative that the need to use properly main-
tained and accountable authorities to counter these challenges be recognized.
Section 702 is a vital program that often provides the lion’s share of intelligence
used in the President’s Daily Brief (PDB).27 An independent review by the Privacy
and Civil Liberties Oversight Board (PCLOB) found that it was not abused. Nev-
ertheless, Congress should review the PCLOB’s upcoming 2023 report to help it
determine whether any reforms or codification of recent administrative changes
in FISA processes are needed.
Other authorities in Title I and Title III, often referred to as “traditional” FISA,
have elicited valid concerns about the politicization of intelligence collection
authority in recent years. When seeking surveillance of Trump campaign adviser
Carter Page, for example, the FBI and the Department of Justice concealed vital
information from a specialized court and submitted applications that were riddled
with errors. An incoming conservative President should consider reforms designed
to prevent future partisan abuses of national security authority. A package of strong
provisions to protect against such partisanship might include:
l Stiffer penalties and mandatory investigations when intelligence leaks are
aimed at domestic political targets,
l Tighter controls on otherwise lawful intercepts that also collect the
communications of domestic political figures,
l An express prohibition on politically motivated use of intelligence
authorities, and
l Reforms to improve the accountability of the Justice Department and the
Foreign Intelligence Surveillance Court.
To keep intelligence credentials from being used for partisan purposes, former
high-ranking intelligence officials who retain a clearance should remain subject to
the Hatch Act after they leave government to deter them from tying their political
stands or activism to their continuing privilege of access to classified government
information. The IC should be prohibited from monitoring so-called domestic
disinformation. Such activity can easily slip into suppression of an opposition
party’s speech, is corrosive of First Amendment protections, and raises questions
about impartiality when the IC chooses not to act.
FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)
A future President should understand the importance of FISA26 while also seek-
ing reforms and accountability for any abuses of its authorities. When discussing
FISA and what changes may need to be made, it is important to note and recognize
that there are stark differences among the individual FISA authorities.
Section 702 of FISA, for example, allows the IC to target foreign terrorists, spies,
cyber hackers, and other bad actors (but only if they are non-U.S. persons) when
their communications pass through the United States. While this authority may
lapse if Congress does not resolve the issue by the end of 2023, Section 702 should
be understood as an essential tool in the fight against terrorism, malicious cyber
actors, and Chinese espionage. These are two major national security priorities
for an incoming President, and it is imperative that the need to use properly main-
tained and accountable authorities to counter these challenges be recognized.
Section 702 is a vital program that often provides the lion’s share of intelligence
used in the President’s Daily Brief (PDB).27 An independent review by the Privacy
and Civil Liberties Oversight Board (PCLOB) found that it was not abused. Nev-
ertheless, Congress should review the PCLOB’s upcoming 2023 report to help it
determine whether any reforms or codification of recent administrative changes
in FISA processes are needed.
Other authorities in Title I and Title III, often referred to as “traditional” FISA,
have elicited valid concerns about the politicization of intelligence collection
authority in recent years. When seeking surveillance of Trump campaign adviser
Carter Page, for example, the FBI and the Department of Justice concealed vital
information from a specialized court and submitted applications that were riddled
with errors. An incoming conservative President should consider reforms designed
to prevent future partisan abuses of national security authority. A package of strong
provisions to protect against such partisanship might include:
l Stiffer penalties and mandatory investigations when intelligence leaks are
aimed at domestic political targets,
l Tighter controls on otherwise lawful intercepts that also collect the
communications of domestic political figures,
l An express prohibition on politically motivated use of intelligence
authorities, and
l Reforms to improve the accountability of the Justice Department and the
Foreign Intelligence Surveillance Court.
To keep intelligence credentials from being used for partisan purposes, former
high-ranking intelligence officials who retain a clearance should remain subject to
the Hatch Act after they leave government to deter them from tying their political
stands or activism to their continuing privilege of access to classified government
information. The IC should be prohibited from monitoring so-called domestic
disinformation. Such activity can easily slip into suppression of an opposition
party’s speech, is corrosive of First Amendment protections, and raises questions
about impartiality when the IC chooses not to act.
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