Editor's Note: Section 702 of the Foreign Intelligence Surveillance Act was originally enacted as a post 9/11surveillance program that allows the government to collect electronic communications of foreign nationals located outside the United States without needing a warrant for each target. Supporters have called it 'indispensable' and critics worry about its potential use to surveil Americans. Section 702 is up for Congressional reauthorization this month.
The Cipher Brief asked Rob Joyce, a 34-year NSA veteran, who most recently served as Director of Cybersecurity at the NSA for his take on reauthorization and why it matters to future U.S. national security. Joyce is also a principal member of The Cyber Initiatives Group.
EXPERT PERSPECTIVE -- Section 702 of the Foreign Intelligence Surveillance Act is one of the most vital tools we have for protecting the nation. It underpins our ability to disrupt cyberattacks against critical infrastructure, track terrorist plots before they reach our shores, counter hostile nation-state activity, and understand the intentions of adversaries ranging from Beijing to Tehran to Pyongyang.
Let's be clear about what 702 is and what it isn't. It is a targeted authority aimed at specific foreign persons located overseas who possess foreign intelligence value. It is not bulk collection, not a dragnet, and not a tool pointed at Americans. The intelligence it generates shows up in the President's Daily Brief, in warnings to network defenders, and in the disruption of threats the public never hears about precisely because 702 worked.
The current headwinds around reauthorization are largely driven by concerns about the government's purchase of commercially available data. Those concerns are legitimate and deserve serious attention, but they are a separate issue from 702. Commercial data acquisition should be examined on its own merits, and Congress should write the law and policy that addresses it directly. Conflating the two risks letting a proven, lawful authority lapse over a distraction.
Section 702 is already subject to unprecedented oversight from all three branches of government: it operates under rules approved by the Foreign Intelligence Surveillance Court, which has steadily tightened query procedures and compliance requirements, and it is audited repeatedly by inspectors general, congressional intelligence committees, the Privacy and Civil Liberties Oversight Board, and the Department of Justice.
No comparable intelligence authority anywhere in the world carries this much scrutiny.
Let's get this done. The threats are not pausing while we debate, and an expired 702 means blind spots our adversaries will exploit immediately. Reauthorize it, address commercial data separately, and keep the tool that keeps Americans safe.
The Cipher Brief is committed to publishing a range of perspectives on national security issues submitted by deeply experienced national security professionals. Opinions expressed are those of the author and do not represent the views or opinions of The Cipher Brief.
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